Part VI: The States

Chapter I - General

Article 152: Definition of "State"

Original Article:

(152) In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.

Amendments:

¹ Subs. by s. 29 and Sch. ibid., for "means a State specified in Part A of the First Schedule" (w.e.f. 1-11-1956).

Explanation:

Article 152 of the Constitution of India serves as the cornerstone for understanding the application of provisions in Part VI, which pertains to the executive framework within Indian states. The article provides a narrow yet significant definition of the term "State," particularly by excluding Jammu and Kashmir. This exclusion is rooted in amendments that reflect changes in India's territorial and political landscape.

Fundamental Aspects:

1. Scope of "State"

Article 152 begins by defining the term "State" as it applies to Part VI of the Constitution. The definition notably excludes Jammu and Kashmir, a key distinction that differentiates this state from others in the Indian Union, especially in the context of its former special status under Article 370. This exclusion is crucial for the interpretation of executive power, ensuring that Jammu and Kashmir was not subject to the same administrative rules as other states before its reorganization in 2019.

2. Amendment through the Seventh Amendment Act, 1956

Initially, the Constitution specified that "State" referred to states listed under Part A of the First Schedule. However, through the Seventh Amendment Act, 1956, this definition was broadened to accommodate the reorganization of states based on linguistic lines and to reflect India's evolving administrative structure. This amendment replaced the earlier provision and laid the groundwork for future changes, including the exclusion of Jammu and Kashmir.

3. Post-2019 Implications of Jammu and Kashmir's Exclusion

A major shift occurred in 2019 with the abrogation of Article 370, following which Jammu and Kashmir was bifurcated into two Union Territories: Jammu & Kashmir and Ladakh. This move rendered Article 152’s definition even more relevant, as it affirmed that Jammu and Kashmir is no longer treated as a "State" in the constitutional sense for Part VI, aligning with the central government's legislative actions to streamline administrative governance in the region.

Real-Life Example:

Post-2019, the exclusion of Jammu and Kashmir from the definition of a "State" under Article 152 has practical consequences. For example, the executive authority of the Governor in Jammu and Kashmir now operates under the Union Territory model, which is distinct from the provisions outlined for states in Part VI. This has resulted in central laws being applied uniformly across the Union Territory, unlike the special set of laws that previously applied when it held statehood status.

Historical Significance:

The exclusion of Jammu and Kashmir from the definition of a "State" is deeply embedded in the political narrative of India’s state reorganization and its approach to Jammu and Kashmir. The Seventh Amendment Act of 1956 was one of the first steps toward redefining state boundaries and governance models post-independence. This continued with the abrogation of Article 370 in 2019, marking a significant moment in Indian history by dissolving the special provisions for Jammu and Kashmir and fully integrating it under the Indian constitutional framework.

Legislative History:

Article 152 of the Indian Constitution, initially drafted and deliberated as article 128 of the Draft Constitution, was subsequently incorporated in the Indian Constitution on May 30, 1949.

Debates and Deliberations:

During the Constitutional Assembly Debates, Mr. Naziruddin Ahmad had given notice of an amendment concerning the chapter's heading, which was decided to be set aside.

Shri T. T. Krishnamachari remarked that the term “State” had been consistently used throughout the Constitution, implying that no further amendment was needed.

Ultimately, the Assembly then adopted the motion, and Article 128 was formally added to the Constitution.

References

• The Constitution (Seventh Amendment) Act, 1956.
• The Constitution (Application to Jammu and Kashmir) Order, 2019.
• Legal and Political Analysis of the Reorganization of Jammu and Kashmir (2019).
• Constituent Assembly Debates on State Reorganization (1956).