The state of J&K has continued its constitutional integration with India although at a very slow pace. Discuss. Why it is said that most important characteristic of this process of constitutional integration is its irreversibility?

The instrument of accession had led merge of entire J&K to Indian Union but due to Pakistani aggression and subsequent events made sure that India receives only a truncated part of it in 1948. Due to many reasons including Muslim majority, special geography and economy and conditions of the instrument of accession, the state was accorded a special status as per a temporary provision under Article 370. Though despite of being a temporary provision, it could not be amended out due to technical issues {for example Constituent Assembly of J&K is no more existing} yet the provisions of this article have considerably mellowed down, as evident from the following points:

  • In terms of numbers 94 out of 97 union subjects have been extended to the state. Moreover, about 260 articles out of 395 constitutional articles also now directly applies to the state.
  • Though initially only defense, communication and external affairs was with union government, however over the period various laws like All India services act, Income tax act, essential commodities act, among others have been extended to J&K.

The irreversibility of this gradual integration means neither we can do away with article 370 not can be reversed whatever inroads the centre has so far made in Kashmir.

Question for UPSC Mains:
The state of J&K has continued its constitutional integration with India although at a very slow pace. Discuss. Why it is said that most important characteristic of this process of constitutional integration is its irreversibility?

Published: March 14, 2017 | Modified:June 27, 2019

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