Peculiar Position of the State of Jammu and Kashmir | Indian Constitution Download PDF
THE State of Jammu & Kashmir holds a peculiar position under the Constitution of India.
It forms a part of the ‘territory of India’ as defined in Art. 1 of the Constitution, being the fifteenth State included in the First Schedule of the Constitution, as it stands amended. In the original Constitution, Jammu & Kashmir was specified as a ‘Part B’ State. The States Reorganisation Act, 1956, abolished the category of Part B States and the Constitution (7th Amendment) Act, 1956, which implemented the changes introduced by the former Act, included Jammu & Kashmir in the list of the ‘States’ of the Union of India, all of which were now included in one category.
Nevertheless, the special constitutional position which Jammu & Kashmir enjoyed under the original Constitution [Art. 370] has been maintained, so that all the provisions of the Constitution of India relating to the States in the First Schedule are not applicable to Jammu & Kashmir even though it is one of the States specified in that Schedule.