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Nevertheless, the special Constitutional posi­tion which Jammu & Kashmir enjoyed under the original Constitution has been maintained, so that all the provisions of the Constitution of India relating to the States in the First Schedule are not applicable to Jammu & Kashmir. This is the only State which has its own Constitution.

Article 370 Regarding Jammu and Kashmir:

No law passed by the Parliament regarding the state of Jammu and Kashmir can be applied to the state without the Order of President of India in concurrence of the State government.

No such conditions exist in the case of other states. In the original Constitution of Jammu and Kashmir, the provisions of Article 370 were described as “temporary” measures. Under the agreement of 1975 signed between Sheikh Abdullah and Indira Gandhi it was agreed upon that Abdullah will give up the demand for plebiscite and special status of Jammu and Kashmir will continue; it would no longer remain a temporary measure.

But the agreement could not be implemented owing to the differences and the Order of the President could not be issued. Jammu and Kashmir is the only state in the country having a Constitution of its own within the framework of India Union.

The important provisions of the Constitution of Jammu and Kashmir can be summarised as follows:

(i) Territory of Jammu and Kashmir consists of all those areas which were under the sovereignty of erstwhile ruler. These areas include that territory which is at present under the occupation of Pakistan.

(ii) Out of 123 assembly seats of Jammu and Kashmir, 25 allotted to the Pakistan occupied portion of Kashmir, remain vacant because the situation is unsuitable for the election there;

(iii) Though the executive and legislative powers of the State government cover the entire state, yet these powers do not apply to those areas which come under the jurisdiction of Parliament;

(iv) The “permanent residents” of Jammu and Kashmir enjoys all rights which are guaranteed in the Constitution of the Country.

(v) A majority of not less than two-thirds of the members of the house can amend the Constitution by passing a bill. But the bill cannot make the changes in provisions relating to the relationship between the state and the Union.