why jammu and kashmir has its own constitution and many provisions of the indian constitution are not applicable
Answers
Many provisions of the Constitution of India are not applicable to the state of Jammu and Kashmir with out the due consent of the state assembly because Article 370 of the Constitution of India grants Jammu and Kashmir a special status.
The state of Jammu and Kashmir enjoys a special status by the virtue of the article 370 in Part XXI of the Constitution of India.
Provisions of Article 370
According to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state governments’s concurrence for applying all other laws.
The state's residents live under a separate set of laws, including those related to citizenship, ownership of property and fundamental rights as compared to other Indian states.
The provisions of article 238(state reorganization) shall not apply in relation to the state of Jammu and Kashmir.
The centre has no power to declare financial emergency under article 360 in the state it can declare emergency in the state only in case of war or external aggression.The Union government cannot declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
The state follows the Ranbir Penal Code instead of Indian Penal Code.
Concludingly, the article 370 of the Constitution of India empowers the Constituent Assembly of the state of Jammu and Kashmir to enact laws of their own and to approve the laws enacted by the union government.
Jammu and Kashmir is the only state in India which has its own written Constitution and flag. The state used to have President and Prime Minister till the year 1965. Just another fact!