The special status that Jammu and Kashmir State legitimately enjoys in the union of India is being deliberately tried to be made contentious by certain quarters. For past some months attempts are being made by certain organizations, apparently enjoying the political patronage, to create a public disinformation on Kashmir issue and its constitutional position in the Indian union.
Thankfully, the High Court of Jammu and Kashmir has in a number of judgments articulated the constitutional position of the state and its special position in the India union. Recently, a division bench of the High Court in a landmark judgment relating to right of reserved category government servants to accelerated promotion, expatiated the purpose and the reason for the special status of Jammu and Kashmir.
The judgment raises a number of pertinent questions vis-a-vis the status of the state. It explains as to why the Constituent Assembly was convened and separate Constitution framed for Jammu and Kashmir, when none of the princely states that acceded to the dominion of India did go for such exercise. The judgment expatiates as to why, unlike other states in India, all the provisions of the Constitution are not applicable to Jammu and Kashmir and so are the amendments made to the Constitution from time to time. The special position of Jammu and Kashmir in the Indian union cannot be appreciated without going into the history of the accession of the state.
Unlike other states, Jammu and Kashmir did not merge with India. It enjoys the limited sovereignty. As per the judgment "the immediate object of the accession (by Jammu and Kashmir), unlike other Princely States, was to make possible and legitimize deployment of troops of Indian Army to the State." The special status of Jammu and Kashmir is again borne out by the constitutional provisions like proviso to Article 253 which even guarantees a say or role to the Government of the State in decisions affecting the disposition of the State.
This proviso implicitly suggests that the future of Jammu and Kashmir is yet to be decided. In terms of Proviso to Clause (2), Article 368 no amendment made to the Constitution is to have effect in relation to the State, unless applied by the order of the President under Clause (1) of Article 370. This all suggests that the controversies raised over the special status of Jammu and Kashmir are politically motivated.