Constitutional Framework of Jammu and Kashmir: Legal Evolution and Status by Prof. Dr. K.L. Bhatia (Hardcover)

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1. There was an autonomous status to the state of Jammu and Kashmir. Most of the laws in the Constitution of India were not applied in the state.

2. There was a separate Constituent Assembly for the state. The assembly was dissolved on 25^thJanuary 1957.

3. The Centre can only make laws in the matter of defense, foreign affairs and communication for the state. The laws of the Centre on matters other than these were applicable only when the constituent assembly or the legislature of the state implemented it.

4. No jurisdiction of Supreme Court was applicable in the state.

5. No person other than the citizen of the state could buy land in the state.

6. The people of the state were enjoying dual citizenship. One of India and other of the state. If any woman from the state married a person from another state then her citizenship of the state was bound to be seized and she was also barred from the property of the family. {This clause was removed by Jammu and Kashmir High Court in October 2002 in the case of State of Jammu & Kashmir v. Dr. Susheela Sawhney (AIR 2003 J K 83)}

The question of special status to Jammu and Kashmir was asked in constituent assembly by Maulana Hasrat Mohini in October 1949. In reply to that, Gopalaswami Ayyangar said that Kashmir is not yet ready for integration. India had been at war with Pakistan over this issue and while there was a ceasefire, the conditions were still “unusual and abnormal.” Part of the State’s territory was in the hands of “rebels and enemies.” In addition to that, he argued that the matter is raised in the United Nations. Once it is resolved, Kashmir will be fully involved in the Union of India. After that, there will be a referendum which will decide the fate of the state. Till then, this is only a temporary provision. Before that, In October 1947, the Maharaja Hari Singh (then King of Kashmir) signed the ‘Instrument of Accession’, which specified three subjects on which Jammu and Kashmir would transfer its powers to the government of India: 1. Foreign affairs, 2. Defence and 3. Communications. In March 1948, an interim government was formed in the state, with Sheikh Abdullah as the prime minister. In July 1949, Sheikh Abdullah and three other colleagues joined the Indian Constituent Assembly and demanded special status for the state which leads to the adoption of Article 370.

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