CHAPTER - 17 STATUS OF JAMMU AND KASHMIR

  1. History – instrument of accession with India
  2. The state of J&K – True federal relations
  3. Special status to J & K under Article 370
  • J &K has its own constitution. The constitution was framed by a constituent assembly of its own and came into being on 26th January 1957. The parliament cannot make law with regard to J & K on subjects in the State List
  • Residuary power lies with the legislature of J& K and not with the parliament. It follows dual citizenship – only citizens of J& K can take part in the elections, buy properties, dispose of immovable property in J & K.
  • Only national emergency proclaimed on ground of War or external aggression shall have automatic extension over J&K. The parliament cannot change the name, boundary or territory of J &K, without the concurrence of the state legislature.
  • No preventive detention law made by the parliament can have automatic extension to J&K. The union has no power to make financial emergency to J &K
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