Discuss why special status has been given to a few states and discuss the special status of Jammu and Kashmir?
Answers
Under Article 370 of Constitution of India (COI), the state of Jammu and Kashmir enjoys a special status, as mentioned in Part XXI.
The state's name, area and boundary can not be altered by the Union of India without the consent of the state legislature.
Part VI of COI (dealing with state governments) is not applicable to J & K.
Preventive detention laws made by the parliament are not applicable to J & K.
Part III of COI that is Fundamental Rights is available to the state along with Right to Property.
Part IV and Part IV A of the COI are not applicable to the state.
A National Emergency declared without the consent of state is not applicable here. Neither can the President declare Financial Emergency here.
International treaties or agreements can be applicable only with the state's consent.
Constitutional Amendment in COI is not applicable to the state without presidential order.
V Schedule and VI Schedule do not apply to J & K. Plus, Citizenship rights to migrants from Pakistan are available.
Special provisions for other states :
Maharashtra and Gujarat - u/A 371
Nagaland - u/A 371 (A)
Assam - u/A 371 (B)
Manipur - u/A 371 (C)
Andhra Pradesh -u/A 371 (D and E)
Sikkim - u/A 371 (G)
Arunachal Pradesh - u/A 371 (H)
Goa - u/A 371 (I)
Karnataka - u/A 371 (J)
The intention behind them is to meet the aspirations of the people of backward regions of the states or to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.
Answer:
Provisions with respect to J&K :
Under Article 370 of Constitution of India (COI), the state of Jammu and Kashmir enjoys a special status, as mentioned in Part XXI.
The state's name, area and boundary can not be altered by the Union of India without the consent of the state legislature.
Part VI of COI (dealing with state governments) is not applicable to J & K.
Preventive detention laws made by the parliament are not applicable to J & K.
Part III of COI that is Fundamental Rights is available to the state along with Right to Property.
Prt IV and Part IV A of the COI are not applicable to the state.
A National Emergency declared without the consent of state is not applicable here. Neither can the President declare Financial Emergency here.
International treaties or agreements can be applicable only with the state's consent.
Constitutional Amendment in COI is not applicable to the state without presidential order.
V Schedule and VI Schedule do not apply to J & K. Plus, Citizenship rights to migrants from Pakistan are available.
Special provisions for other states :
Maharashtra and Gujarat - u/A 371
Nagaland - u/A 371 (A)
Assam - u/A 371 (B)
Manipur - u/A 371 (C)
Andhra Pradesh -u/A 371 (D and E)
Sikkim - u/A 371 (G)
Arunachal Pradesh - u/A 371 (H)
Goa - u/A 371 (I)
Karnataka - u/A 371 (J)
The intention behind them is to meet the aspirations of the people of backward regions of the states or to deal with the disturbed law and order condition in some parts of the states or to protect the interests of the local people of the states.