the state of the union is in article ii, section 3 of the constitution.
the state of the union is in article ii, section 3 of the constitution.
where is the state of the union in the constitution?
article ii , section 3
Na
Na
noorani also points to the observations made by the high court of jammu & kashmir in this regard, while delivering a judgement on 16 july 2015: "the parliament has no power to legislate law about the subject's administration of justice, the land & the other immovable properties. [...] article 35(a) of the constitution of india, which has been applied to the state of jammu and kashmir, not only recognizes but clarifies the already existing constitutional and legal position and does not extend something new to state of jammu and kashmir. this article, on its own, does not give anything new to the state of jammu and kashmir. article 14 of the constitution of india, as has been made applicable to the state of jammu and kashmir, thus, gave equal protection of laws to the state subjects/citizens as a class apart. similarly, article 19(1)(f) of the constitution of india, which has been made applicable to the state of jammu and kashmir and till date continues to be in force in the state, recognizes the right to own, hold and dispose of property, which right otherwise is inherent in the state subjects/citizens of the state of jammu and kashmir, who stand defined in terms of elans/orders of his highness and the constitution of jammu and kashmir. laws have their own universe. they operate in matter and not in vacuum. the laws are located in time and space. in the state of jammu and kashmir, the immovable property of a state subject/citizen, cannot be permitted to be transferred to a non state subject. this legal and constitutional protection is inherent in the state subjects of the state of jammu and kashmir and this fundamental and basic inherent right cannot be taken away in view of peculiar and special constitutional position occupied by state of jammu and kashmir. article 35-a is clarificatory provision to clear the issue of constitutional position obtaining in rest of country in contrast to state of jammu and kashmir. this provision clears the constitutional relationship between people of rest of country with people of jammu and kashmir." as an amendment to, or modification of, the 1954 order, 41 subsequent presidential orders have been passed afterwards. according to the report of the state autonomy committee, the central government, through these presidential orders, extended 94 out of 97 entries in the union list to jammu and kashmir, and made applicable to the state 260 out of 395 articles of the indian constitution. they have been used to issue provisions and make changes, which include - replacing the elected sadr-e-riyasat (president of the state) with a governor chosen by the centre; changing the ‘prime minister’ of the state to chief minister; extending the powers of the supreme court and election commission to jammu and kashmir; and preventing the state assembly from making any amendment to the jammu and kashmir constitution. kashmir advocate zaffar shah says, article 35a has been added in the constitutional application order 1954 and by questioning it, the entire constitutional application order will have to be questioned. if the court rules that constitutional application orders are invalid, such a judgment will have to be made applicable to all the constitutional application orders from 1950 till date. the constitutional link between the union and the state will be snapped and the position of the state will be same as it was before constitutional arrangements were worked out. so, if the order of 1954 is snapped, jammu and kashmir can, in theory, return to the pre-1954 constitutional arrangement, where the centre's powers were restricted to defence, foreign affairs and communications alone, according to the instrument of accession. zaffar shah states it will also affect various provisions of the constitution of the state and result in constitutional crisis.
article 35a of the constitution of india