What was the special constitutional position of Jammu and Kashmir?a)In...
The correct option is B
Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the State of Jammu and Kashmir was accorded special status under Article 370.
Article 370 acknowledges the special status of the state of Jammu and Kashmir in terms of autonomy and its ability to formulate laws for the state's permanent residents. In the 1954 Presidential order, among other things, the Fundamental Rights in the Indian Constitution were made applicable to Kashmir with exceptions.
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What was the special constitutional position of Jammu and Kashmir?a)In...
The special constitutional position of Jammu and Kashmir is that it has its own Constitution. This means that the state has its own set of laws and regulations that govern it, separate from the Indian Constitution.
Background:
In 1947, India gained independence from British rule, and the princely states were given the option to join either India or Pakistan. The ruler of Jammu and Kashmir, Maharaja Hari Singh, initially wanted to remain independent but eventually decided to join India.
Special Status:
As part of the negotiations, the Indian government granted Jammu and Kashmir a special status under Article 370 of the Indian Constitution. This gave the state the power to have its own Constitution and many other special privileges.
Features of Jammu and Kashmir Constitution:
The Constitution of Jammu and Kashmir was adopted on November 17, 1956. Some of the features of the Constitution are:
1. The Constitution of Jammu and Kashmir defines the state as a part of India but with a special status.
2. It provides for a bicameral legislature consisting of a Legislative Assembly and a Legislative Council.
3. It recognizes Urdu and Kashmiri as official languages of the state.
4. It recognizes the flag of Jammu and Kashmir as a separate symbol of state identity.
5. It contains provisions for the protection of the rights of Jammu and Kashmir residents, including the right to own and inherit property, and the right to practice their religion.
Changes in the special status:
In August 2019, the Indian government revoked the special status of Jammu and Kashmir and divided the state into two Union Territories- Jammu and Kashmir and Ladakh. This move led to the abrogation of Article 370 and the Constitution of Jammu and Kashmir was also scrapped. Now, the Indian Constitution is applicable to Jammu and Kashmir, just like any other state in India.
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