Competitive Exams: Political Science Study Material Special Status of Jammu and Kashmir

Special Status of Jammu and Kashmir

At the time of independence in 1947, the State of Jammu and Kashmir decided not to join either Pakistan or India. However, soon Pakistan attempted to annex the State militarily. Meanwhile, the Maharaja signed the Instrument of Accession with India along with certain concessions for the autonomy of the State. This special status of the State is enshrined in Art. 370 of the Constitution.

The important features of the Special status are as follows:

  • The State has its own Constitution. This also implies that ‘dual citizenship’ principle is followed in this State.
  • Contrary to the case with the other States, the residuary power lies with the Legislature of the Jammu & Kashmir (and not the Parliament).
  • The national emergency proclaimed only on the ground of war or external aggression shall have automatic extension to the State of Jammu & Kashmir. This means that the national emergency proclaimed on the ground of armed rebellion shall not have automatic extension to J&K.
  • The Governor of the State is to be appointed only after consultation with the Chief Minister of that State.
  • The Parliament is not empowered to make laws on the subjects of StajgJJst (7th Schedule) for the State of Jammu and Kashmir under any circumstance.
  • Financial Emergency (Art. 360) cannot be imposed on the State.
  • Apart from the President's rule, Governor's rule can also be imposed on the State for a maximum period of six months.
  • The preventive detention laws (Art. 22) of Parliament do not have automatic extension to the State.
  • The name, boundary or territory of the State cannot be changed by the Parliament without the concurrence of the State Legislature.
  • Arts. 19 (1) (f) and 31 (2) have not been abolished for this State and hence ‘right to property’ still stands guaranteed to the people of Jammu & Kashmir.