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1. Unknown facts about Jammu and Kashmir
10 SpecialConstitutional Provisions for the State of Jammu and Kashmir
The reason why special constitutional provisions were accorded to the state of
Jammu and Kashmir should be seen in context of the political conditions under
which the state acceded to India. It is a historical fact that Pakistan sent tribal
raiders to annex Kashmir, but its nefarious plans were frustrated by Indian army
backed by the people of National Conference. It is also well-known that
Maharaja Hari Singh, the ruler of Jammu and Kashmir, was unwilling to join
the Indian Union. This situation combined with other legal complexities such
as demand for plebiscite led to the formation of an Instrument of accessionof
Jammu and Kashmir to India on 26 October1947. Here are 10 constitutional
provisions—“Temporary, Transitional and Special provisions provided in part
XXI of our constitution’s Article 370-- for the state of Jammu and Kashmir.
10. Jammu and Kashmir to frame its own constitution drafted by its own
constituent assembly
Jammu and Kashmir is the only state in India, which has its own constitution. It
has been framed by its constituent assembly on the lines of the constituent
assembly that framed the constitution of India under the leadership of B.R.
Ambedkar and others.
The J&K Constituent Assembly,unlike that of India, was elected by the people
of the state. It held its first session October31, 1951. A unique feature of the
state assembly is that 25 seats out of a total of 123 have been allotted to the area
under the occupationof Pakistan, called Azad Kashmir.
9. Laws enactedby the Indian parliament not enforceable onJammu and
Kashmir

2. The parliament of India does not have any legislative jurisdiction on the state of
Jammu and Kashmir. Consequently the laws passed byit on the concurrent
matters for the rest of the countrycannot be enforced in the state of Jammu and
Kashmir.
The recommendations of the Jammu and Kashmir Constituent Assembly were
incorporated in the article 370 of the Constitution of India, which cannot be
amended, suspended orabrogated without the supportof the two thirds majority
of the state assembly.
8. Legislative provisions concerning the relationship of the state with the
Union cannot be amended by the state assembly
Although the legislative assembly of Jammu and Kashmir can amend its
constitution by passing a bill supported by not less than two thirds of the
members of the house, it cannot make any amendment in the laws relating to the
special relationship of the state of Jammu and Kashmir with that of the Indian
Union.
The state assembly and the executive have the powers to enact any laws
concerning the state, but these laws would notapply to any part of the country
that exists under the jurisdiction of the Indian parliament.
7. Indian laws on ScheduledAreas and Scheduled Tribes not applicable to
the state of Jammu and Kashmir
The Fifth Schedule of the Constitution of India comprises laws relating to the
administration and control of the Scheduled Areas and Scheduled Tribes. The
Sixth Schedule of the Constitution pertains to the administration of the
Scheduled Tribes.
The laws in both the Fifth and Sixth Schedules of the Constitution cannot be
enforced on the people of the state of Jammu and Kashmir. This is probably
because of the demographic compulsions of the state.
6. Indian laws denying citizenship rights to the migrants to Pakistan
returning to India shall not apply to the state of Jammu and Kashmir
Indian constitution does not allow the people who migrated to Pakistan after
partition of the country to return to India and becomeits citizens. This law,
however, does not apply to the permanent residents of Jammu and Kashmir who
may have migrated to Pakistan occupied Kashmir.

3. They can return to the territory of the state that they belonged to if the state
assembly frames laws allowing them to settle back in the state. These returnees
shall also be deemed to be the citizens of India. Permanent residents of the state
enjoy certain special rights under the Constitution of India
5. Indian Parliament cannot frame any law without the consentof the
legislative assemblyof the state of Jammu and Kashmir in certain cases
For example, it cannot change the names and territories of the state.The
Parliament cannot enter into any international treaty or agreement concerning
any part of the territory of the state. The residuary powers of the state shall
remain with the government of Jammu and Kashmir and not with the Indian
government. While the President of Indian can proclaim emergency under the
Article 352 of the Constitution of India on the grounds of armed rebellion in the
country, this proclamation shall not have any effect on the state without the
consent of the state government.
4. Powers ofthe Indian government extended to state under Articles 356
and 357
The government of the Indian Union originally did not have the power to
suspend the constitution of the state of Jammu and Kashmir if the later did not
comply with any of its directions or the legal machinery broke down.
Changes in this provision were introduced in 1964 when the powers under
Articles 356 and 357 were extended to the state meaning thereby that the
government can take over the administration of the state in the event of the
breakdown of the constitutional machinery. Indian Parliament can also frame
laws for the state during such emergency under Article 356.
3. No amendment of the Constitution of India shall apply to the state of
Jammu and Kashmir
This is unless the President of India deems it necessary to order its application
under Article 370(1).Provisions under this article have been used to extend the
jurisdiction of the Comptroller and Auditor General of India, the Election
Commission of India and the special leave jurisdiction of the Supreme Court to
the state of Jammu and Kashmir.
2.Prevention detention act of India shall not apply to the state of Jammu
and Kashmir

4. The power to frame laws on the preventive detention shall lie with the state
legislative assembly.Nonetheless, jurisdiction of the Indian Parliament can be
extended to the state of Jammu and Kashmir under Article 249 in the national
interest. It means in effect that the government of India can use powers to
protect the borders of the state in the event of aggression by China or Pakistan
regardless of the resolution in the state assembly.
1. No proclamation of financial emergencyin the state of Jammu and
Kashmir
The Union of India does not have powers to make a proclamation for imposing
financial emergency in the state of Jammu and Kashmir “under 360 (v) Articles
356-357.”
The Union can declare emergency in Jammu and Kashmir only in case of War
or External Aggression. No proclamation of emergency can be made on the
grounds of internal disturbance or imminent danger unless it is made at the
request or with the concurrence of the government of the state; or where it has
not been so made, it is applied subsequently by the President to that state at the
request or with the concurrence of the government of that state.
Conclusion
As many as 9 of the 22 parts of the Indian Constitution are not applicable to the
state of Jammu and Kashmir. These parts include the Preamble, Part II
(Citizenship), Part III (Fundamental Rights), Part XIII (Trade Commerce and
Intercourse within the Territory of India) Part XVIII (Emergency provisions).
The remaining 13 parts are only partially applicable to it.
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