Special Position of Jammu & Kashmir

(Updated after 2019 Constitutional Changes)

Constitutional Status of J&K

• Article 370 has been substantially abrogated through the Constitution (Application to Jammu and Kashmir) Order, 2019.
• The special constitutional status of Jammu & Kashmir no longer exists.
• The Constitution of India now applies in its entirety to Jammu & Kashmir.

Reorganisation of the State

Jammu & Kashmir Reorganisation Act, 2019

The former State of Jammu & Kashmir was reorganised into two Union Territories:

• • Union Territory of Jammu & Kashmir (with Legislature)
  • Union Territory of Ladakh (without Legislature)

Effective Date: 31 October 2019

Legislative Powers

Union Territory of Jammu & Kashmir

• Has a Legislative Assembly similar to the National Capital Territory of Delhi.
• The Assembly can legislate on State List and Concurrent List subjects except:
  
  • Public Order
  • Police

These subjects remain under the Union Government.

Union Territory of Ladakh

• No Legislative Assembly.
• Administered directly by the President through the Lieutenant Governor.

Residuary Powers

• Residuary legislative powers now vest with the Parliament, unlike the earlier arrangement where they belonged to the State Legislature.

Emergency Provisions

• All Emergency Provisions (Arts. 352, 356 & 360) now apply fully to Jammu & Kashmir like the rest of India.
• No special concurrence of the former State Government is required.

Financial Emergency

• Article 360 relating to Financial Emergency is now fully applicable.

Directive Principles & Fundamental Duties

• Directive Principles of State Policy (Part IV) apply in full.
• Fundamental Duties (Part IVA) are also fully applicable.

Constitution

• The Constitution of Jammu & Kashmir (1957) has ceased to operate.
• Governance is now entirely under the Constitution of India.

Constitutional Amendments

• Constitutional Amendments enacted by Parliament automatically apply to Jammu & Kashmir.
• No separate approval or ratification by the former State Legislature is required.

Territorial Changes

• Parliament may alter the area, boundaries or name of the Union Territory under Article 3, following the normal constitutional procedure.

Jurisdiction of Constitutional Bodies

The following institutions exercise full jurisdiction over Jammu & Kashmir:

• • Supreme Court of India
  • Election Commission of India
  • Comptroller & Auditor General (CAG)
  • Union Public Service Commission (UPSC)
  • Central Vigilance and other Constitutional Authorities, wherever applicable.

Citizenship & Fundamental Rights

• There is only one citizenship—Indian Citizenship.
• Fundamental Rights are enforceable in the same manner as in every other part of India.

Official Position 

Before 5 August 2019

• Special Status under Article 370
• Separate Constitution
• Separate State Flag
• Residuary powers with State Legislature
• Limited application of the Indian Constitution

After 5 August 2019

• Special Status removed
• Indian Constitution fully applicable
• State reorganised into UT of Jammu & Kashmir and UT of Ladakh
• Constitution of J&K abolished
• Residuary powers with Parliament