Which among the following provisions of the Constitution of India are not applicable to Jammu & Kashmir?
1. Fundamental Duties
2. Directive Principles of State Policy
3. Emergency Provisions
Choose the correct option from the codes given below:

Answer: [A] Only 1 & 2

Part IV (Directive Principles of the State Policy) and Part IVA (Fundamental Duties) of the Constitution are not applicable to J&K. The DPSP have been incorporated in the Constitution of Jammu & Kashmir.  Regarding emergency, initially, Article 356 and 357 did not apply to India. However, these two articles related to suspension of the Constitutional machinery in the state have been extended to the state by the Amendment Order of 1964. However, Failure means failure of the constitution machinery as set up by the Constitution of the State and not the provisions in part VI of the Constitution of the India. As a result, where the failure of the Constitutional machinery takes place in Jammu & Kashmir, two types of Proclamation may be made

  1. The President’s Rule under Art. 356 of the Indian Constitution (as in the case of the other States of the Indian Union)
  2. The Governor under section 92 at the Constitution of J&K for which there is no counterpart in any other State of India.

The Union of India has no power to declare Financial Emergency under Article 360 in the state.

This question is a part of GKToday's Integrated IAS General Studies Module