Constitution of Jammu and Kashmir

It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date.

Jammu and Kashmir, then a princely state under suzerainty of British Monarch, and ruled by Maharaja Hari Singh who 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).

The Instrument of Accession (IoA) gave only limited powers to the Government of India, only about the three subject matters of Foreign affairs, Defence and Communications.

Whereas the other states later signed merger agreements, the relationship of Jammu and Kashmir with the Union of India was governed by special circumstances.

The Constitution of Jammu and Kashmir Maharaja (later Sadr-e-Riyasat) Dr. Karan Singh had signed into law in 1957.

Schedules: Although India has a unitary citizenship, Constitution of Jammu & Kashmir defines a concept of Permanent Residency, in Part III.

Hurriyat often spread lies on the concept of Permanent Residency and falsely claims that the people of J&K enjoys dual citizenship.

However, the stand of Supreme court is very clear and to put in its words- “We may also add that permanent residents of Jammu & Kashmir are citizens of India, and there is no dual citizenship as is contemplated by some other federal Constitutions in other parts of the world.”[7] --Supreme Court of India.

having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part 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 among us all; FRATERNITY assuring the dignity of the individual and the unity of the nation; IN OUR CONSTITUENT ASSEMBLY this seventeenth day of November, 1956, do HEREBY ADOPT, ENACT AND GIVE

[8] Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in certain conditions.

If such amendment seeks to affect Governor or Election Commission, it needs the President's assent to come into effect.

[14] No bill or amendment can be introduced or moved in either House of the Legislature which seeks to make any change in the provisions that (a) the State of Jammu and Kashmir is and shall be an integral part of the Union of India (Art.