Article 152

Article 152 of the Constitution of India provides the definition of the term “State” for the purpose of interpreting the provisions contained in Part VI of the Constitution, which deals with “The States”—covering their executive, legislative, and judicial structure. While brief in text, Article 152 holds important constitutional significance as it clarifies the applicability of Part VI and delineates the scope of the term “State” within India’s federal framework.

Constitutional Text

Article 152 states:

“In this Part, unless the context otherwise requires, the expression ‘State’ does not include the State of Jammu and Kashmir.”

This provision originally excluded the State of Jammu and Kashmir from the definition of “State” for the purpose of Part VI of the Constitution.

Purpose and Objective

The purpose of Article 152 was to define the scope of the term “State” in relation to the constitutional provisions of Part VI (Articles 152–237). While Part V of the Constitution deals with the Union, Part VI deals specifically with States in the Indian Union, setting out their governance structure, powers, and functions.
By expressly excluding Jammu and Kashmir, Article 152 acknowledged the special constitutional status that Jammu and Kashmir enjoyed under Article 370, which accorded it a distinct position within the Indian Union.
Thus, Article 152 served two main purposes:

1. To define the term “State” for the application of Part VI; and
2. To reaffirm the unique constitutional arrangement for Jammu and Kashmir.

Historical Context

At the time of the Constitution’s commencement in 1950, Jammu and Kashmir had not fully integrated into the Indian constitutional framework like other princely states. Instead, it retained special autonomy under Article 370, which provided for its own Constitution, flag, and legislative competence over most internal matters.
Therefore, the framers of the Constitution included a specific exclusion in Article 152 to reflect this unique arrangement. The exclusion meant that provisions of Part VI—relating to state executive (Articles 153–167), legislature (Articles 168–212), and high courts (Articles 214–231)—did not automatically apply to Jammu and Kashmir unless extended by a Presidential Order under Article 370.

Implications of Exclusion

The exclusion of Jammu and Kashmir from the definition of “State” had several implications:

1. Limited Application of Part VI:Provisions concerning state government structures—such as the Governor, the Council of Ministers, and the State Legislature—did not automatically apply to Jammu and Kashmir.
2. Special Autonomy:The exclusion underscored the special autonomous status of Jammu and Kashmir, which had its own Constitution (adopted in 1957) and internal governance framework.
3. Distinct Legal Framework:The relationship between the Union and Jammu and Kashmir was governed by a separate constitutional scheme, rather than the general provisions applicable to other States.

Effect of Abrogation of Article 370 (2019)

A major constitutional change occurred on 5 August 2019, when the Government of India abrogated Article 370, thereby revoking the special status of Jammu and Kashmir. Subsequently, the Jammu and Kashmir Reorganisation Act, 2019 came into effect on 31 October 2019, reorganising the erstwhile State into two Union Territories — Jammu and Kashmir, and Ladakh.
As a result:

• The exclusion of Jammu and Kashmir in Article 152 no longer holds practical significance.
• Both Union Territories are now governed under the provisions applicable to all States and Union Territories of India.
• The Indian Constitution applies to these territories in its entirety, without exception.

Thus, while Article 152 remains unamended in text, its contextual relevance has changed following the constitutional reorganisation of Jammu and Kashmir.

Relation with Other Constitutional Provisions

• Article 1: Defines India as a “Union of States,” listing all States and Union Territories in the First Schedule.
• Article 153–237 (Part VI): Lay down provisions relating to State governance—executive powers, legislatures, and judiciary.
• Article 370 (now inoperative): Earlier provided for the special status of Jammu and Kashmir and restricted the automatic application of certain constitutional provisions.
• Article 367: Contains interpretative provisions that assist in defining constitutional terms in different contexts.

Together, these Articles establish the federal structure of the Indian Union and clarify the scope of the term “State” in constitutional interpretation.

Judicial Interpretation and Case Law

While there have been no major cases directly interpreting Article 152 itself, its implications have been discussed in decisions addressing Jammu and Kashmir’s constitutional status:

• State of Jammu and Kashmir v. Trilok Singh (1994):The Court recognised Jammu and Kashmir’s special position under Article 370 and noted that the exclusion in Article 152 reflected this unique constitutional relationship.
• Indira Gandhi v. Raj Narain (1975):The Supreme Court reaffirmed that constitutional definitions must be interpreted contextually, consistent with the purposes for which they are framed.
• Constitution Bench Judgments (2019–2020):In matters concerning the abrogation of Article 370, the Supreme Court examined the constitutional framework of Jammu and Kashmir, effectively rendering the exclusion under Article 152 obsolete in practical terms.

Constitutional Significance

1. Defines the Scope of “State”:Article 152 provides a definitional clarity for interpreting Part VI, ensuring that all constitutional provisions concerning State governance apply only where explicitly intended.
2. Historical Recognition of Autonomy:The exclusion of Jammu and Kashmir served as a constitutional recognition of its distinct relationship with the Union before 2019.
3. Evolution of Federalism:The Article reflects India’s flexible federal structure, capable of accommodating varying degrees of autonomy for different regions as dictated by political and historical circumstances.
4. Post-2019 Relevance:After the abrogation of Article 370, the principle of uniform constitutional application has been reaffirmed, ensuring that all States and Union Territories are governed under the same constitutional framework.

Related Constitutional Developments

• The Constitution (Application to Jammu and Kashmir) Orders, 1950–2019:These Presidential Orders progressively extended various constitutional provisions to Jammu and Kashmir under Article 370.
• The Jammu and Kashmir Reorganisation Act, 2019:Dissolved the State and established two Union Territories, thereby removing any remaining distinction under Article 152.

Contemporary Relevance

In the current constitutional landscape, Article 152 continues to serve as a definitional clause for “State” under Part VI, though its exclusionary reference to Jammu and Kashmir has become redundant. Today, the Constitution applies uniformly to all Indian territories, ensuring that principles of governance, fundamental rights, and accountability extend equally across the nation.
However, Article 152 retains historical significance, illustrating the Constitution’s early accommodation of regional diversity and the evolution of Indian federalism through constitutional reform.

Conclusion

Article 152 may appear technical, but it plays a foundational role in defining the jurisdiction and scope of Part VI of the Constitution. Initially crafted to recognise the special constitutional arrangement for Jammu and Kashmir, it symbolised India’s flexible approach to federal governance.