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Constitution of Jammu and Kashmir


The Constitution of Jammu and Kashmir is the legal document which establishes the framework of government at state level in Indian state of Jammu and Kashmir. The present constitution was adopted on 17 November 1956, and came into effect on January 26, 1957. As of 2002, 29 amendments have been affected to the Constitution.

Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state in India to have a separate constitution. Article 370 of the Constitution of India states that Parliament of India and the Union Government jurisdiction extends over limited matters with respect to State of Jammu & Kashmir, and in all other matters not specifically vested in Federal governments, actions have to be supported by state legislature. Also, unlike other states, residual powers are vested in state government. Because of these constitutional provisions, the State of Jammu & Kashmir enjoys autonomy not enjoyed by other states. Among notable and visible differences with other states, till 1965, the head of state in Jammu & Kashmir was styled Sadr-e-Riyasat, whereas in other state, the title was Governor, and head of government was styled Prime Minister in place of Chief Minister in other states.

India gained its independence from the United Kingdom on midnight of 15 August 1947 IST, and simultaneously Pakistan was created as a new country as a result of the partition of India. Jammu & Kashmir, then a princely state under suzerainty of British Monarch, and ruled by the Maharaja Hari Singh tried to avoid declaring his state's accession to either of the two dominions at the time of independence (although that was not an option under the Indian Independence Act, 1947). A Muslim majority state ruled by Hindu Maharaja Hari Singh (then the ruler of the state), government of the state signed a standstill agreement with Pakistan. However, on 6 October 1947, Pakistani Muslim tribes, supported by the government of Pakistan, attacked Jammu & Kashmir on the behest of Pakistan to achieve forcible accession to Pakistan. Maharaja Hari Singh requested assistance from India, and when India requested an Instrument of Accession to India, Maharaja signed it so that India could help in defense.


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