Multiple choice

Which of the following statements regarding the special provisions regarding the state of Jammu & Kashmir is/are incorrect?

  1. Parliament cannot alter the name and territory of J&K without the consent of the State legislature.
  2. No proclamation of Emergency can be made by the President under Article 352 on the ground of “internal disturbance” in J&K without the concurrence of J&K Government.
  3. The Union shall have the power to suspend the State Constitution on the ground of failure to comply with the directions given by the Union.
  4. The Union shall have no power to make a Proclamation of Financial Emergency with respect to the State of J&K.

  1. 1 and 2

  2. 2 and 3

  3. 3 only

  4. 4 only

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the State of Jammu and Kashmir has been accorded special status under Article 370. Even though included in the 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to J&K. Special Features - J&K is the only state in India which has a Constitution of its own. The Constitution of J&K was enacted by a separate Constituent Assembly set up by the State and it came into force on 26th January, 1957. Autonomy in certain matters Any action of the Union Legislature or Union Executive which results in alteration of the name or territories or an international treaty or agreement affecting the disposition of any part of the territory of the state requires the consent of the State Legislature or the State Executive (as the case may be) to be effective. Hence, statement 1 is correct. Emergency Provisions The Union of India has no power to declare Financial Emergency under Article 360 in the state. Hence, statement 4 is correct. The union can declare emergency in the state only in case of war or external aggression. No proclamation of emergency made on the grounds of internal disturbance or imminent danger thereof shall have effect in relation to the state unless (a) it is made at the request or with the concurrence of the government of the state; or (b) where it has not been so made, it is applied subsequently by the President to that state at the request or with the concurrence of the government of that state. (Hence, statement 2 is correct). In December 1964, Articles 356 and 357 were extended to the state. The Union shall have no power to suspend the Constitution of the State on the ground of failure to comply with the directions given by the Union. (Hence, statement 3 is incorrect) Fundamental Duties, Directive Principles and Fundamental Rights Part IV (Directive Principles of the State Policy) and Part IVA (Fundamental Duties) of the Constitution are not applicable to J&K. In addition to other fundamental rights, Articles 19(1)(f) and 31(2) of the Constitution are still applicable to J&K; hence, the Fundamental Right to property is still guaranteed in this state.