Constitution of Jammu and Kashmir

The Constitution of Jammu and Kashmir was the legal Constitution which established the framework for the state government of the Indian state of Jammu and Kashmir.[1] The constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh.

The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution. Article 370 of the Constitution of India stated that Parliament of India and the Union government jurisdiction extends over limited matters with respect to State of Jammu and Kashmir, and in all other matters not specifically vested in Federal government, actions have to be supported by state legislature.[2] Also, unlike other states, residual powers were vested with the state government. Because of these constitutional provisions, the State of Jammu and Kashmir enjoyed a special but temporary autonomous status as mentioned in Part XXI of the Constitution of India. Among notable and visible differences with other states, till 1965, the head of state in Jammu and Kashmir was called Sadr-i-Riyasat (Head of State) whereas in other state, the title was Governor, and the head of government was called Prime Minister in place of Chief Minister in other states.

On 5 August 2019, the President of India issued a presidential order, namely, The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272)[3] under Article 370 making all the provisions of Constitution of India applicable to the State of Jammu and Kashmir and this has rendered the Constitution of Jammu and Kashmir infructuous from that date. Now the Constitution of India is applicable to Jammu and Kashmir, like all other states and union territories of India.

  1. ^ https://ceojk.nic.in/PDF/Extracts%20from%20the%20Constitution%20of%20Jammu%20and%20Kashmir.pdf [bare URL PDF]
  2. ^ Cite error: The named reference tribune was invoked but never defined (see the help page).
  3. ^ "Union territory of Jammu and Kashmir: Special status of J&K revoked: Full text of the notification on Kashmir". The Economic Times.

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