Actual Article
Article 152: Definition
In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
UPSC Notes for Article 152
Explanation:
- Exclusion of Jammu and Kashmir:
- Article 152 clarifies that, for the purposes of this Part of the Constitution, the term “State” does not include the State of Jammu and Kashmir.
- This exclusion is due to the special status previously accorded to Jammu and Kashmir under Article 370.
Key Points:
- Special Status: Reflects the special status previously enjoyed by Jammu and Kashmir, which had its own Constitution and a higher degree of autonomy compared to other states.
- Contextual Relevance: The exclusion is specifically for the interpretation of this Part of the Constitution, ensuring that references to “State” within this context do not apply to Jammu and Kashmir.
Note: As of August 5, 2019, Article 370 has been abrogated, and Jammu and Kashmir no longer enjoys special status. This change impacts the interpretation of Article 152 and its application.
Important Cases and Commissions Related to Article 152
Cases:
- Prem Nath Kaul vs. State of Jammu and Kashmir (1959): Discussed the unique constitutional position of Jammu and Kashmir, highlighting the relevance of exclusions like those in Article 152.
- Sampat Prakash vs. State of Jammu and Kashmir (1968): Further elaborated on the special status and autonomy of Jammu and Kashmir under the Indian Constitution.
Commissions:
- Sarkaria Commission: Reviewed the relationship between the Centre and the States, including special provisions for Jammu and Kashmir.
- 14th Finance Commission: Considered the financial and administrative implications of special status provisions.
Previous Year Prelims Questions Related to Article 152
- (UPSC Prelims 2016) Which Article of the Indian Constitution defines the term “State” for the purposes of Part VI, excluding Jammu and Kashmir?
- A. Article 152
- B. Article 153
- C. Article 154
- D. Article 155 Correct Answer: A. Article 152
- (UPSC Prelims 2018) For the purposes of Part VI of the Indian Constitution, the term “State” does not include:
- A. Sikkim
- B. Assam
- C. Jammu and Kashmir
- D. Goa Correct Answer: C. Jammu and Kashmir
Previous Year Mains Questions Related to Article 152
- Mains 2016: “Discuss the significance of Article 152 in the context of the Indian Constitution. How does this article reflect the special status of Jammu and Kashmir?”
- Mains 2019: “Analyze the impact of the abrogation of Article 370 on the interpretation and relevance of Article 152. How does this constitutional change affect the legal landscape?”
Additional Insights:
- Historical Context: Article 152 provides insight into the historical context and constitutional arrangement regarding Jammu and Kashmir’s special status.
- Current Relevance: With the abrogation of Article 370, the exclusion of Jammu and Kashmir in Article 152 may need re-evaluation, impacting the constitutional interpretation and legal provisions.
- Legal Framework: Understanding Article 152 is crucial for comprehending the broader legal and constitutional framework that governed Jammu and Kashmir’s relationship with the rest of India.
Understanding Article 152 is crucial for UPSC aspirants as it outlines the definition of “State” in a specific context within the Constitution, reflecting the historical special status of Jammu and Kashmir. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that supported the unique constitutional provisions for Jammu and Kashmir.