| 7 (65) jan POMY oa re crarTeR 3. ~=Constitution of J&K The state of Jammu & Kashmir, historically, consisted of four political regions. Ladakh towards e East, bordering China, Jammu towards the South, bordering India and Pakistan, Kashmir Valley rds the East, bordering Pakistan and Baltistan area towards the North, bordering China and paxstan, Baltistan and a part of Kashmir Valley are under Pakistan control. Aksai Chin, claimed by india to be a part of Ladakh, is under Chinese control, while the rest is under Indian control. Pakistani and Indian controlled parts are separated by Line of Control (LOC). The state, of Jammu and Kashmir, in contrary to other states has got two capital cities. Like all the states of India, Indian controlled part of Jammu and Kashmir has a multi-party democratic-system ofgovernance. Main political-parties include the Jammu & Kashmir National Conference, the Indian National Congress and the Jammu and Kashmir's People's Democratic Party (PDP). The other political parties are Panthers Party, PDF, CPIM, BJP and ANC, etc. The Constitution of India grants Jammu and Kashmir special Autonomous area states as a temporary provision through Article 370. CONSTITUTION OF JAMMU AND KASHMIR Background and Nature The idea of convening a Constituent Assembly, for Jammu And Kashmir State was conceived before the partition of India was contemplated and would have been implemented, but for the invasion of the state after the partition of India by the tribesman from Pakistan territory. When in 1948, the national conference formed the interim Government in the State; it was, expressly, declared that as soon as, normal conditions were restored, steps would be taken to convene a National Assembly based upon adult suffrage to frame a constitution for the state. The establishment in 1951 was a natural outcome of the desire of the people of the state to have ademocratic goverment responsible to the legislature, elected by the people. The establishment of the J&K Constituent Assembly in Sep, 1951 was an event of great Significance in the political-history of the state. This Assembly was invested with authority to frame the Constitution for the state. It started its work on November 5, 1951 at Srinagar. It was inaugurated with ahistorical speech of the Prime Minister of the state Sheikh Mohammed Abdullah. The task of constitution Making entered a decisive phase when in the 12th session of the constituent Assembly, held from September 29, 1956 to November 19, 1959, the drafting committee on October 10, 1956 presented i. draft constitution. After detailed discussion the constitution was approved and adopted on 17th re 1956. The constitutional provisions were by and large patterned on the relevant provisions ti the Constitution of India with some exceptions, such as the powers of the head of the state and moe Principles of the state policy. The constitution came into force on 26th of January, 1957. For first time in the history of the Kashmir, the state assumed the status of a constitutional state 'use the constitution represents the supreme will of the people of state. |Vishaal's JKSsq (66) Jes, thus, a written document, consisting of 158 section (articles) state Is, a const f the it. soln ene emme UTI FEATURES OF J&K cONSTIT state which has its own constitution. The saliont features Jammu and Kashmir State is the onl bls be listed below:- of the constituents of Jammu and Kashmir 4. Preamble of the Constitution: , f J&K re The preamble of the constitution of AMIR, havin solemn U AND KASHMIR, having y resolved " OPLE OF THE STATE OF JAMMU AN the oa ofthe accession of this State of India, which took place bl eae of October ‘1947, fo further define the existing relationship ofthe State with the Uni ata pa thereof and to secure to ourselves - JUSTICE, social, economic and political ; / LIBERTY of thought, expression, belief, faith and worship ; EQUALITY of status and of opportunity and to promote amongusall; FRATERNITY - assuring the dignity of the individual and the unity of the nation ; IN OUR CONSTITUENT ASSEMBLY, on 17th day of November, 1956, do HEREBY ADOPT, ENACTAND GIVE TO OURSELVES THIS CONSTITUTION.” 2. ‘The State Territory : Territory of the state shall comprise all the territories, which on the 15th day of August, 1947 were under the sovereignty and suzerainty of the Ruler of the State. 3. Citizenship : The provisions, regarding permanent residence of the State, are dealt within PART IlIrd Section 6 - Permanent of Residence of the Constitution, which Says a permanent residence as, @ person, who is or is deemed to be a citizen of India shall be a permanent resident of the State, if on the May 14th, 1954 the person was : (a) Asstate subject of Class | or Class II. (b) If that person, having lawfully acquired immovable Property in the state he has been ordinarily resident in the state for not less than 10 years prior to that date. Also, any Person, who before the 14th day of May, 1954, was a State Subject of Class-l, or ads, issued by or under the authority of any law made by the i becomes a permanent resident of the State. Y Sa Carat or LT Thus, the State grants di iti ip to i . 7 and also the citizens a indie ual citizenship to its permanent residents, They are the citizens of J&K 4. Fundamental Rights: The State itutic . residents of the a Sac on in any chapter on fundamental rights for the permanent residents of the state shall have all the Abou Constitution declares that: "The permanent The fundamental rights guarar H : teed to Indi iti atk, of the itution of India, mn "dian citizens are dealt with in the part 3rd of t! (Applicable to Jak order ae as were extended to the State of Yak in 1954 by the Constitution (6.0. 48 dated May 14th, 1954) and came into force on the same 0)indian POURY cay ten fundamental rights had been made, however, applicable to the State wi some exception and r damental rights constitute one of odification. Fun ne of the most important feat india and, as such they have the same importance in the Constitution ofd8kateo, ame oe The fundamental rights guaranteed in the Constitution of India have been divided into seven grup: They are The right to equality The right to freedom The right against exploitation The right to freedom of religion Cultural and educational rights. The right to property -[now stands repealed] The right to constitution remedies The above mentioned rights are applicable to the State of J&K, but with someone restrictions for example ‘The right to property’ is still intact of J&K, whereas for the rest of the country, it is only legal right, which can be regulated by the legal ordinary law. 5. Directive Principles of State Policy: The preamble of the constitution of Jammu and Kashmir declares the rasalve of the people of J8K State to secure themselves, social, economic and politcal justice, liberty of thought, expression, belief faith and worship, equity of status and of opportunities and fraternity assuring the dignity of the individual and unity of the nation. These aims have been, vividly, expanded in part 4th of the Constitution of J&K which contains the directive principles of state policy. These principles have been declared to be fundamental in the government of the state, but they are not enforceable by any court of law. Part Vofthe J&K Constitution (Sections 11 to 25) enlists a few principles, which are treated as, fundamental inthe government of the state. The state has to establish a socialist order of society for the promotion of welfare of the people. Economy of the state shall be developed in a planned manner. State has to ensure speedy improvement in standard of living of rural masses. Organization of village Panchayats. State has to ensure speedy improvement in standard of living of rural masses. Separation of Judiciary from executive. Right to work and to public assistance in certain cases. The state shall endeavor to secure the right to free Education upto the University level for its permanent residents. Rights to Children Rights to Women. 10. Protection of Educational material and cultural interests of socially and ‘economically backward classes. 11. Duty of the state to improve public health. call 12. Duty of the state to foster equality and secularism among all comments in ‘ NPnewenn