In September 1951, the Constituent Assembly of the Jammu & Kashmir was elected by the people of the state on the basis of adult franchise to prepare the constitution of the state. Constituent Assembly meets for the first time on 31 October 1951 and took five years to complete its task. The constitution of Jammu and Kashmir was adopted on the 17 November, 1957 and came into force on 26 January, 1957.
The main features of the Constitution of Jammu and Kashmir are as follows:
1.The Constitution declares that the State of Jammu and Kashmir is an integral part of India.
2. It provides justice, freedom, equality and fraternity to the people of the state.
3. State of Jammu and Kashmir comprises all the territory of that was under the ruler of the state on august 15, 1947. It means Pakistan occupied Kashmir (POK) is also the part of India.
4. It lays down that a citizen of India is treated as the permanent resident of the state if on May 14, 1954; he/she….
(a) Lawfully owns the property in the state
(b) Has been living in the state for 10 years prior to May 14, 1954
(c) Having migrated to Pakistan after March 1, 1947 but returns to the state for resettlement.
Article 370:Special Status of the Jammu and Kashmir
5. Kashmir Constitution gives all the rights to the permanent residents of the state but who is the "permanent residents" of the state shall be decided by the State Legislative Assembly only.
6. The state has bicameral system. There are 111 members elected directly by the public in the Vidhan Sabha; out of which 24 posts have been kept vacant for "Pak occupied Kashmir".
7. It vests the executive powers of the state in the governor appointed by the president for the period of five years.
8. Under the original constitution of the state, the Chief of the State was "Sadar-e-Riyasat" (President) and Chief of the government was "Wazir-e-Azam" (Chief Minister). In the year 1965, they were nominated as governors and Chief Minister respectively.
9. It establishes a High Court consisting of a Chief Justice and two or more other judges. They are appointed by the President of India in consultation with the Chief Justice of the Supreme Court and governor of the state.
10. Since 1964, the President rule has been introduced in the state. Earlier, in the situation of the failure of the state administration, only governor's rule used to impose here.
11.“Urdu” will be the official language of the state whereas English can also be use for the official work.
12. It lays down the procedure for its amendment; it can be amended by a bill passed in each house of the State Legislature by a majority of two thirds of the total membership of that house.
On the basis of the above points, it can be said that there are two types of constitutionality in the state of J & K. At one hand the constitution of India is applicable in the whole state while on the other hand Constitution of Jammu and Kashmir also holds its significance on so many matters. Since this state is part of the Republic of India, therefore the Constitution of India has more power than the Jammu & Kashmir constitution. As Supreme Court of India also said the Jammu and Kashmir will not get any independence beyond the Constitution of India.
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