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Provisions of which one of the following Articles of the Constitution of India apply to the State of Jammu and Kashmir?
Explanation
Article 370 of the Constitution of India provided a special temporary status to the erstwhile State of Jammu and Kashmir [1]. Under this Article, the provisions of Article 1 and Article 370 itself applied directly to the State, while other constitutional provisions could be extended through Presidential Orders with the concurrence of the State government [2]. Specifically, Article 370(1)(a) explicitly stated that the provisions of Article 238 (which dealt with Part B States) would not apply to Jammu and Kashmir [1]. While Article 371 and 371G provide special provisions for other states like Maharashtra, Gujarat, and Mizoram, they did not govern Jammu and Kashmir [1]. Although the special status was effectively abolished in 2019 via 'The Constitution (Application to Jammu and Kashmir) Order, 2019', Article 370 remains the historical and legal provision that defined the State's unique relationship with the Indian Union [2].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > III Lengthiest Written Constitution > p. 28
- [2] https://www.mea.gov.in/Images/pdf1/Part21.pdf