The state of Jammu & Kashmir in many respect is constitutionally different from rest of the states of India. Consider the following statements with this respect:
1. The state list of seventh schedule of the constitution is not applicable to Jammu & Kashmir
2. Residuary power of the legislation vested in state assembly
3. Fundamental Rights (Part III) is not applicable to Jammu & Kashmir
4. The legislative assembly of the state is required to be consulted in case of alternation of the boundaries of the state
Which among the above statements is / are correct?
The Jurisdiction of the Parliament of India in relation to Jammu and Kashmir is confined to the matters enumerated in the Union List, and also the concurrent list. There is no State list for the State of Jammu and Kashmir. At the same time, while in relation to the other States, the residuary power of legislation belongs to Parliament, in the case of Jammu and Kashmir, the residuary powers belong to the Legislature of the State, except certain matters to which Parliament has exclusive powers such as preventing the activities relating to cession or secession, or disrupting the sovereignty or integrity of India.
The power make laws related to preventive detention in Jammu and Kashmir belong to the Legislature J & K and not the Indian Parliament. Thus, no preventive detention law made in India extends to Jammu & Kashmir.
Kashmir enjoys some other privileges over and above the other states of India. For example, the plenary power of parliament with respect to alteration of the name or territories of the State (Art.3) does not extend to the state. Similarly, International treaty or agreement affecting any part of the territory of the state (Art.253) doesn’t extend to Jammu and Kashmir. Article 253 empowers the Parliament to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Any action of the Union Legislature or Union Executive which results in alteration of the name or territories or an international treaty or agreement affecting the disposition of any part of the territory of Jammu and Kashmir requires the consent of the State Legislature.
This question is a part of GKToday's Integrated IAS General Studies Module