Actual Article
Article 264: Interpretation
In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
UPSC Notes for Article 264
Explanation:
- Exclusion of Jammu and Kashmir: Article 264 clarifies that in this Part of the Constitution, unless the context otherwise requires, the term “State” does not include the State of Jammu and Kashmir. This exclusion was based on the special status granted to Jammu and Kashmir under Article 370.
Key Points:
- Special Status: The exclusion of Jammu and Kashmir in Article 264 reflects its unique constitutional status before the abrogation of Article 370.
- Contextual Interpretation: This article emphasizes that the exclusion applies unless the context indicates otherwise, allowing for contextual interpretation as necessary.
Important Cases and Commissions Related to Article 264
Cases:
- No specific landmark cases directly interpreting Article 264, as it mainly serves as a definition clause regarding the term “State” in the relevant part of the Constitution.
Commissions:
- No specific commissions directly addressing Article 264, as it is a definitional article. However, discussions related to the special status of Jammu and Kashmir would be relevant.
Important Reports Related to Article 264:
- Reports related to Article 370: Discussions and reports on the special status of Jammu and Kashmir would indirectly touch upon the implications of Article 264.
Previous Year Prelims Questions Related to Article 264
- (UPSC Prelims 2016) Which state was excluded from the definition of “State” in Article 264 of the Indian Constitution?
- A. Punjab
- B. Sikkim
- C. Jammu and Kashmir
- D. Goa Correct Answer: C. Jammu and Kashmir
- (UPSC Prelims 2018) Why does Article 264 exclude Jammu and Kashmir from the definition of “State” in its part of the Constitution?
- A. Due to its special status under Article 370
- B. Because it was not a part of India
- C. Due to its geographical location
- D. Because of its economic status Correct Answer: A. Due to its special status under Article 370
Previous Year Mains Questions Related to Article 264
- Mains 2016: “Discuss the significance of Article 264 in the context of the special status of Jammu and Kashmir. How does it reflect the unique constitutional provisions for the state?”
- Mains 2019: “Evaluate the implications of excluding Jammu and Kashmir from the definition of ‘State’ in certain parts of the Constitution. What does this exclusion signify about its special status?”
Additional Insights:
- Historical Context: Article 264’s exclusion of Jammu and Kashmir from the definition of “State” reflects the historical and constitutional complexities associated with the state’s special status.
- Abrogation of Article 370: The abrogation of Article 370 in August 2019 significantly altered the constitutional status of Jammu and Kashmir, making the special provisions like those in Article 264 obsolete.
Understanding Article 264 is crucial for UPSC aspirants as it provides insights into the historical context and constitutional provisions related to Jammu and Kashmir. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of how specific articles of the Constitution addressed the unique status of Jammu and Kashmir and the implications of these provisions.