Revision Notes: Family Courts, Lok Adalat & Public Interest Litigation - BPSC (Bihar) PDF Download

Facts to be Remembered

• No law of preventive detention made by Parliament will extend to that State. However, by the Constitution (Application J & K) Order, 1986, Article 249 has been extended to the State so that it would be competent to extend the jurisdiction of Parliament to the State in national interest by passing a resolution in the Rajya Sabha.
• Parliament cannot make any law without the consent of the State Legislature relating to
  1.  alteration of name or territories of the State.
  2. international treaty or agreement affecting the disposition of any part of the territory of the State.
• No proclamation of the E merg ency made by the President under Article 352 on the ground of armed rebellion shall have effect on the State of J & and K without the State Government's concurrence.
• The Union cannot suspend the State Legislature on the ground of failure to comply with the directions given by the Union. In the event of a breakdown of the constitutional machinery provided by the State Constitution, Governor's rule is to be imposed.
• However, in 1964, Article 356 and 357 were extended to that State and the President was authorised to take over the administration of the State in the event of a break-down of contitutional machinery.
• Parliament was also given the power to legislate for the State during emergency under Article 356. (The first occasion when President's Rule under Article 356 was imposed in J & K was in 1986 to follow governor's rule).
• The Union has no power to make a proclamation of Financial Emergency in the State.
• The  Provisions of Part IV relating to the Dierctive Priciples of State Policy do not apply to J & K.
• The fundamental right to property is still guaranteed in this State.
• No amendment to the Constitution of India can extend to J & K unless it is so extended by an order of the President under Article 370(i).
• By amendment of the Constitution order , the jurisdiction of the Comptroller and Auditor–General, the Election Commissioner, and the special leave jurisdiction of the Supreme Court have been extended to the State of J & and K.

Facts to be Remembered

• No law of preventive detention made by Parliament will extend to that State. However, by the Constitution (Application J & K) Order, 1986, Article 249 has been extended to the State so that it would be competent to extend the jurisdiction of Parliament to the State in national interest by passing a resolution in the Rajya Sabha.
• Parliament cannot make any law without the consent of the State Legislature relating to
  1.  alteration of name or territories of the State.
  2. international treaty or agreement affecting the disposition of any part of the territory of the State.
• No proclamation of the Emergency made by the President under Article 352 on the ground of armed rebellion shall have effect on the State of J & and K without the State Government's concurrence.
• The Union cannot suspend the State Legislature on the ground of failure to comply with the directions given by the Union. In the event of a breakdown of the constitutional machinery provided by the State Constitution, Governor's rule is to be imposed. However, in 1964, Article 356 and 357 were extended to that State and the President was authorised to take over the administration of the State in the event of a break-down of contitutional machinery.
• Parliament was also given the power to legislate for the State during emergency under Article 356. (The first occasion when President's Rule under Article 356 was imposed in J & K was in 1986 to follow governor's rule).
• The Union has no power to make a proclamation of Financial Emergency in the State.
• The  Provisions of Part IV relating to the Dierctive Priciples of State Policy do not apply to J & K.
• The fundamental right to property is still guaranteed in this State.
• No amendment to the Constitution of India can extend to J & K unless it is so extended by an order of the President under Article 370(i).
• By amendment of the Constitution order, the jurisdiction of the Comptroller and Auditor–General, the Election Commissioner, and the special leave jurisdiction of the Supreme Court have been extended to the State of J & and K.