Each State shall have an Advocate General. He is the State’s counter part of the Attorney General of India. He is appointed by the Governor of the State who holds office during the pleasure of the Governor. A person qualified to be a High Court Judge can be appointed Advocate General. He has the right to address & take part in the proceedings of the House of the State Legislature. But he has no right to vote. His functions are similar to those of the Attorney General.
Under Article 370 of the Indian Constitution, Jammu & Kashmir is granted autonomy. It is a ‘temporary provision’ that accords special status to the State. All the provisions of the Constitution are not applicable to J&K, unlike other States. Except finance, defence, communications, and foreign affairs, Central Government needs the State Government’s consensus for applying all other laws. Because of this article, residents of Kashmir follow separate set of laws in terms of citizenship, property ownership, and other rights.
Moreover, as per Article 370, the power of Parliament to make laws for the said State is “limited to those matters in the Union List and the Concurrent List.” It doesn’t have the authority to increase or reduce the borders of the State. For those uninitiated, the article was drafted by N. Gopalaswami Ayyangar in 1949 against the wish of Dr BR Ambedkar, who found it discriminatory and against the interest of India. Despite Jawaharlal Nehru’s promise that Article 370 will be gradually abrogated, it has not happened even after more than six decades have passed away.
It is not known to many that the Article 370 has been eroded time and again due to a series of Presidential Orders.
These orders over a period of time have made almost all Union laws applicable to J&K. Today, the State is within the “scope and jurisdiction” of almost every institution of India.
How J&K Different from Other States?
- Directive Principles of State Policy (DPSP) are not applied to J&K but applied to other States. Under DPSP =States are required to do some things for the welfare of community.
- President can’t declare financial emergency (salaries and allowances reduction, etc.) in relation to J&K.
- High Court of J&K can issue writs only for enforcement of Fundamental Rights.
- Right to property is still guaranteed in J&K.
- Permanent residents of J&K have some special fundamental rights.
- Although Supreme Court, EC and CAG are applicable to J&K along with all other States.