Jammu and Kashmir: The Special Status

The state of Jammu and Kashmir has been affected by militancy and terrorism since decades. All this originated when the Maharaja of Jammu and Kashmir refused to join either India or Pakistan during partition. However, following a Pakistan-aided invasion by tribes, the Maharaja signed a treaty, the instrument of accession, with India. This agreement enabled the Maharaja to accede matters pertaining to defense, foreign affairs and communication to India.

Jammu and Kashmir Special Status: Article 370 of the Indian Constitution

These circumstances led the Constitution of India to treat the state of Jammu and Kashmir not on par with other states of the country.  The Article 370 of the Indian constitution recognizes the state’s special status and offers special provisions.

The powers of the parliament pertaining to the matters of the state are confined to:

  • Matters laid down in the Union list and the Concurrent list vested to the Central Government, such as defense, foreign affairs and communication.
  • Matters other than the subjects laid down under the Union list and the Concurrent list, but only in concurrence with the state government.

However, the Article 370 is of transitional nature. The powers of the centre regarding matters other than defense, foreign affairs and communication are not rigid.  The provisions of the Constitution of India can be extended by the President of India with the consensus of the State Government.

Final Legal Take Away Tip: At present, several provisions of the Constitution of India have been extended for the state of Jammu and Kashmir. Certain key extensions include Article 356, Jurisdiction of the Supreme Court, Election Commission and the Comptroller and Auditor General. The State Government, however, still enjoys a vast area of exclusive jurisdiction.
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I don't seem to understand if the maharaja signed the treaty where is that document now, and as far as Pakistan is concerned i really don't like country personally. Its too dumb to be a country on its own it always needs the US or China to do everything.

dear, the accession document is still held by the govt. of india and there are clear provisions laid under it about the accessions terms and conditions....

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