Explain the special provisions for Jammu and Kashmir in the Constitution of India.
Ans. Jammu and Kashmir: According the Constitutional Article 370 of Jammu and Kashmir enjoys the special provisions under the Constitution of India. Jammu and Kashmir ruled by hereditary king during the British time. Maharaja Hari Singh joined dominion of India and give his assent on October 26th, 1947. India accepts the accession, the reason may be–they were facing the attack of the Azad Kashmir forces in the wake of formation of Pakistan. Defence, communication and external affairs came under the jurisdiction of Dominion of India.
Constitutional Article 370 provides the state of Jammu and Kashmir was given a separate constituent assembly. The aim was that – to write the Constitution of the state and demarcate the jurisdiction of union of India over the state of Jammu and Kashmir. The state of Jammu and Kashmir was included in the Part B of the first schedule of the Indian Constitution.
The Government of India made Maharaja to admit that the hereditary system should be abolished and the introduction of popular Government should be admitted. This was accepted by the people of Jammu and Kashmir (J&K) through their representatives in the constituent assembly of state. Constitutional Article 370 suggested that the amendment of constituent assembly of Jammu and Kashmir would be done by two-thirds of the membership of legislative assembly of Jammu and Kashmir, which means people of the state.
Indian Parliament can make laws regarding defence, foreign affairs and communication of Jammu and Kashmir and all other issues were to be administered according to the Constitution of Jammu and Kashmir. But the order of 1952 expanded the scope of jurisdiction of the centre. This agreement (1952) was signed between the state Government and the union of India, according to the agreement it brought all issues mentioned in the Union List under the jurisdiction of the union Government. This brought the entire constitutional position of the state of Jammu and Kashmir within the framework of the Constitution of India.
Two main functions are performed by the constituent assembly of Jammu and Kashmir were:
(1) (a) abolished the hereditary rule of Maharaja.
(b) Interim Government was introduced–it was introduced by the Maharaja after inviting Sheikh Abdulla President of all India Conference of Jammu and Kashmir.
(2) Constitution was framed for the states of Jammu and Kashmir it was adopted on 17th November, 1957 and came into force on 26th January, 1957.