Indian Constitution is the lengthiest and detailed constitution in the world. Originally it contained a Preamble, 395 articles (divided into 22 parts) and 8 schedules. As of now, the constitution of India comprises of 448 articles ( divided into 25 parts) and 12 schedules.
Under the part XXI of the Indian Constitution, eleven states of the Indian Union enjoy special status but only in minor matters. On the other hand, the special status enjoyed by the state of J&K is unparalleled.
The special status of Jammu and Kashmir
Under Article 1 of the Indian Constitution, the state of Jammu and Kashmir (J&K) is a constituent state of Indian Union and it's territory forms a part of the territory of India. On the other hand, Article 370 in part XXI of the Indian Constitution grants special status to it. Accordingly, all the provisions of the constitution of India do not apply to it. It is also the only state in the Indian Union which has its own separate state constitution that is the constitution of Jammu and Kashmir.
History- going back to the partition of 1947 from where it all started
With the end of British paramountcy, the state of Jammu and Kashmir became independent and it's ruler Maharaja Hari Singh, decided not to join Dominion of India or Pakistan and thereby remain independent (Indian independence act of 1947 provides this option too). On 20 October 1947, the Azad Kashmir forces supported by Pakistan army attacked the frontiers of the state. Under this unusual and extraordinary political circumstance, the ruler of the state decided to accede the state to India. Accordingly, the 'Instrument of Accession of Jammu and Kashmir to India ' was signed by Pandit Nehru and Maharaja Hari Singh on 26 October 1947.
Under this, the state surrendered only three subjects (defense, external affairs, and communications) to the Dominion of India made a commitment that 'the people of this state through their own constituent Assembly, would determine the internal constitution of this state, the constitution of India could only provide an interim arrangement regarding the state. In pursuance of this commitment, article 370 was incorporated in the Constitution of India. It clearly states that the provisions with respect to the state of J&K are only temporary and not permanent. It became operative on 17 November 1952.
Present relationship between J&K and India
In pursuance of the provisions of Article 370, the President issued an order called the Constitution (Application to Jammu and Kashmir) order, 1950, to specify the Union's jurisdiction over the state of J&K entered into an agreement at Delhi regarding their future relationship. In 1954, the constituent assembly of J&K approved the state's accession to India as well as the Delhi agreement. Then, the President issued another order with the same title, that is, the Constitution (Application to Jammu and Kashmir) order, 1954. This order superseded the earlier order of 1950 and extended the union's jurisdiction over the state. This is the basic order that, as amended and modified from time to time, regulates the constitutional position of the state and it's the relationship with the union. The two characteristic features of the special relationship between the state of Jammu and Kashmir and the union of India are:
a) the state has a much greater measure of autonomy and power than enjoyed by other states, and b) center's jurisdiction within the state is more limited than what it has with respect to other states.
Under the part XXI of the Indian Constitution, eleven states of the Indian Union enjoy special status but only in minor matters. On the other hand, the special status enjoyed by the state of J&K is unparalleled.
The special status of Jammu and Kashmir
Under Article 1 of the Indian Constitution, the state of Jammu and Kashmir (J&K) is a constituent state of Indian Union and it's territory forms a part of the territory of India. On the other hand, Article 370 in part XXI of the Indian Constitution grants special status to it. Accordingly, all the provisions of the constitution of India do not apply to it. It is also the only state in the Indian Union which has its own separate state constitution that is the constitution of Jammu and Kashmir.
History- going back to the partition of 1947 from where it all started
With the end of British paramountcy, the state of Jammu and Kashmir became independent and it's ruler Maharaja Hari Singh, decided not to join Dominion of India or Pakistan and thereby remain independent (Indian independence act of 1947 provides this option too). On 20 October 1947, the Azad Kashmir forces supported by Pakistan army attacked the frontiers of the state. Under this unusual and extraordinary political circumstance, the ruler of the state decided to accede the state to India. Accordingly, the 'Instrument of Accession of Jammu and Kashmir to India ' was signed by Pandit Nehru and Maharaja Hari Singh on 26 October 1947.
Under this, the state surrendered only three subjects (defense, external affairs, and communications) to the Dominion of India made a commitment that 'the people of this state through their own constituent Assembly, would determine the internal constitution of this state, the constitution of India could only provide an interim arrangement regarding the state. In pursuance of this commitment, article 370 was incorporated in the Constitution of India. It clearly states that the provisions with respect to the state of J&K are only temporary and not permanent. It became operative on 17 November 1952.
Present relationship between J&K and India
In pursuance of the provisions of Article 370, the President issued an order called the Constitution (Application to Jammu and Kashmir) order, 1950, to specify the Union's jurisdiction over the state of J&K entered into an agreement at Delhi regarding their future relationship. In 1954, the constituent assembly of J&K approved the state's accession to India as well as the Delhi agreement. Then, the President issued another order with the same title, that is, the Constitution (Application to Jammu and Kashmir) order, 1954. This order superseded the earlier order of 1950 and extended the union's jurisdiction over the state. This is the basic order that, as amended and modified from time to time, regulates the constitutional position of the state and it's the relationship with the union. The two characteristic features of the special relationship between the state of Jammu and Kashmir and the union of India are:
a) the state has a much greater measure of autonomy and power than enjoyed by other states, and b) center's jurisdiction within the state is more limited than what it has with respect to other states.
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