📚 UPSC Relevant
Article 308 of the Indian Constitution specifically defines the term ‘State’ in the context of Part XI, which deals with relations between the Union and the States. This article clarifies that, unless the context indicates otherwise, the term ‘State’ does not include Jammu and Kashmir. This distinction was particularly key because Jammu and Kashmir had its own constitution and certain special provisions due to its unique status within India. Thus, legal frameworks and definitions applicable to the rest of India do not automatically apply to Jammu and Kashmir, ensuring a tailored approach to governance in that region. The implications of Article 308 are far-reaching as it affects how laws and regulations are interpreted and enforced in Jammu and Kashmir compared to the other states in India. For instance, any legislation passed by the Parliament or state legislatures may not apply to Jammu and Kashmir unless explicitly stated. This creates a complex legal landscape where different rules may govern the same issues in different regions. Additionally, this article has implications for employment and public service regulations, as it also helps define who falls under the jurisdiction of various employment laws in the state. Over the years, the understanding and application of Article 308 have evolved, particularly in light of changing political scenarios and judicial interpretations. Although Jammu and Kashmir’s special status was initially protected under Article 370, this status changed with the abrogation of Article 370 in August 2019. The legal landscape is continually adapting, and Article 308 still plays a role in clarifying how laws apply to the former state of Jammu and Kashmir and its residents, shaping the relationship between the Union and states in India.
Article 308 was included in the Constitution of India when it was enacted in 1950. It was designed to address specific governance issues related to Jammu and Kashmir, especially considering its unique status. The Supreme Court cases, such as the 2019 challenge to Article 370, further highlighted the relevance of Article 308 in contemporary legal discussions, as it defined the framework for state relations. Amendments and interpretations have evolved but the core of Article 308 remains focused on this unique state.
Consider the following statements regarding Article 308 of the Indian Constitution: 1. It defines ‘State’ in the context of Part XI. 2. Jammu and Kashmir is included in the definition of ‘State.’ 3. It impacts the applicability of laws in Jammu and Kashmir. Which of the statements is/are correct? A) Only statement 1 B) Statements 1 and 2 C) Statements 1 and 3 D) All of the above
The correct answer is C) Statements 1 and 3. Article 308 defines ‘State’ without including Jammu and Kashmir, thus impacting applicable laws there. Article 308 of the Indian Constitution specifically defines the term ‘State’ in the context of Part XI, which deals with relations between the Union and the States.
Article 308 of the Indian Constitution specifically defines the term ‘State’ in the context of Part XI, which deals with relations between the Union and the States. This article clarifies that, unless the context indicates otherwise, the term ‘State’ does not include Jammu and Kashmir. This distinction was particularly key because Jammu and Kashmir had its own constitution and certain special provisions due to its unique status within India.
For instance, any legislation passed by the Parliament or state legislatures may not apply to Jammu and Kashmir unless explicitly stated. This creates a complex legal landscape where different rules may govern the same issues in different regions. Additionally, this article has implications for employment and public service regulations, as it also helps define who falls under the jurisdiction of various employment laws in the state.
Over the years, the understanding and application of Article 308 have evolved, particularly in light of changing political scenarios and judicial interpretations. Although Jammu and Kashmir’s special status was initially protected under Article 370, this status changed with the abrogation of Article 370 in August 2019. The legal landscape is continually adapting, and Article 308 still plays a role in clarifying how laws apply to the former state of Jammu and Kashmir and its residents, shaping the relationship.
Article 395: Repeals The Indian Independence Act, 1947, and the Government of India Act, 1935, together with all enactments amending or supplementing the
Article 394: Commencement This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the
Article 394A: Authoritative text in the Hindi language (1) The President shall cause to be published under his authority,— (a) the translation of this
Article 392: Power of the President to remove difficulties (1) The President may, for the purpose of removing any difficulties, particularly in relation to
Article 393: Short title This Constitution may be called the Constitution of India.
Article 390: Money received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 Omitted by the
Article 391: Power of the President to amend the First and Fourth Schedules in certain contingencies Omitted by the Constitution (Seventh Amendment) Act,
Article 388: Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States Omitted by the
Article 389: Provision as to Bills pending in the Dominion Legislatures and in the Legislatures of Provinces and Indian States Omitted by the Constitution
Article 386: Council of Ministers for States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f.
Article 387: Special provision as to determination of population for the purposes of certain elections Omitted by the Constitution (Seventh Amendment) Act,
Article 384: Council of Ministers of the Governors Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 385: Provision as to provisional Legislatures in States in Part B of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 382:Provisions as to provisional Legislatures for States in Part A of the First Schedule Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 381: Council of Ministers of the President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 380: Provision as to President Omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Article 378A: Special provision as to duration of Andhra Pradesh Legislative Assembly Notwithstanding anything contained in article 172, the Legislative
Article 379: Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof Omitted by the Constitution (Seventh Amendment) Act, 1956, s.
Article 377: Provisions as to Comptroller and Auditor-General of India The Auditor-General of India holding office immediately before the commencement of this
Article 378: Provisions as to Public Service Commissions (1) The members of the Public Service Commission for the Dominion of India holding office immediately
Article 375: Courts, authorities and officers to continue to function subject to the provisions of the Constitution All courts of civil, criminal and revenue
Article 376: Provisions as to Judges of High Courts (1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases Until provision is made by Parliament under
Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
Article 372: Continuance in force of existing laws and their adaptation (1) Notwithstanding the repeal by this Constitution of the enactments referred to in
Article 372A: Power of the President to adapt laws. (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof,
Article 371I: Special provision with respect to the State of Goa Notwithstanding anything in this Constitution, the Legislative Assembly of the State of Goa
Article 371J: Special provisions with respect to the State of Karnataka (1) The President may, by order made with respect to the State of Karnataka, provide
Article 371G: Special provision with respect to the State of Mizoram Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
Article 371H: Special provision with respect to the State of Arunachal Pradesh Notwithstanding anything in this Constitution,— (a) the Governor of Arunachal
Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
Article 371E: Establishment of Central University in Andhra Pradesh Parliament may by law provide for the establishment of a University in the State of Andhra
Explanation.—In this article, the expression “Hill Areas” means such areas as the President may, by order, declare to be Hill areas.
Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana (1) The President may by order made with respect to the
Article 371A: Special provision with respect to the State of Nagaland (1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect
Article 371B: Special provision with respect to the State of Assam Notwithstanding anything in this Constitution, the President may, by order made with
Article 370: Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything in this Constitution,— (a) the provisions of
Article 371: Special provision with respect to the States of Maharashtra and Gujarat (2) Notwithstanding anything in this Constitution, the President may by
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with, or to give
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any