Which one of the following statements about the provisions of the Constitution of India with regard to the State of Jammu and Kashmir is not correct?
The Directive Principles of State Policy do not apply.
Article 35A gives some special rights to the permanent residents of the State with regard to employment, settlement and property.
Article 19(1)(f) has been omitted.
Article 368 is not applicable for the amendment of Constitution of State.
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CDS-1 – 2019
This question refers to the constitutional status of Jammu and Kashmir prior to the abrogation of Article 370 in August 2019.
A) The Directive Principles of State Policy (Part IV of the Constitution of India) largely did not apply to Jammu and Kashmir. The Constitution (Application to Jammu and Kashmir) Order, 1954 explicitly stated that Part IV shall not apply in relation to the State. While there might be very specific interpretations or minor exceptions, the statement that they “do not apply” is broadly considered correct in the context of formal constitutional application.
B) Article 35A, which stemmed from Article 370 and the 1954 Presidential Order, gave special rights and privileges to the permanent residents of Jammu and Kashmir, including matters related to employment, settlement, and property ownership. This statement is correct.
C) Article 19(1)(f), which guaranteed the fundamental right to acquire, hold, and dispose of property, was omitted from the Indian Constitution by the 44th Amendment Act, 1978. This amendment, including the omission of 19(1)(f) and Article 31, was extended to Jammu and Kashmir through subsequent Presidential Orders under Article 370. Thus, statement C is correct.
D) Article 368 provides for the amendment of the Constitution of India. The Constitution of the State of Jammu and Kashmir had its own amendment procedure laid down in Section 147 of the Jammu and Kashmir Constitution Act, 1957. Article 368 of the Indian Constitution was not applicable for amending the State Constitution. Thus, statement D is correct.
Given that statements B, C, and D are factually correct based on the application of the Indian Constitution to J&K before 2019, statement A is the most likely intended incorrect statement, although the 1954 Order explicitly stated Part IV did not apply. The intended inaccuracy in A might lie in the absolute nature of “do not apply”, perhaps suggesting that some principles might have influenced state legislation or judicial interpretation, although the Part as a whole was not directly applicable or enforceable.