Part XIV: Services under the Union and the States
Article 308: Interpretation
Original Article:
In this Part, unless the context otherwise requires, the expression "State" does not include the State of Jammu and Kashmir.
Amendment: Substituted by the Constitution (Seventh Amendment) Act, 1956, for "means a State specified in Part A or Part B of the First Schedule" (w.e.f. 1-11-1956).
Explanation:
Article 308 provides clarity on the term "State" as used in Part XIV of the Constitution, which deals with services under the Union and States. This definition excludes Jammu and Kashmir, acknowledging its unique constitutional position prior to the abrogation of Article 370 in 2019.
Key Amendment:
The Seventh Amendment Act of 1956 redefined "State" in Article 308 by replacing references to "Part A and Part B States" with an exclusion of Jammu and Kashmir. This change aligned with the linguistic and administrative reorganization of states.
Historical Significance:
The distinction in Article 308 reflects India’s initial federal structure, where states had varying administrative requirements. The exclusion of Jammu and Kashmir emphasized its special legislative status, later transformed by the constitutional changes in 2019.
Real-Life Example:
Until 2019, the exclusion of Jammu and Kashmir from Article 308 meant that its public service rules were distinct, governed by its local laws rather than the overarching framework applicable to other states.
Frequently Asked Questions (FAQs):
The exclusion acknowledged Jammu and Kashmir’s special status under Article 370, allowing it to have its own service regulations.
The Seventh Amendment redefined "State" to align with India’s reorganized state structure and excluded Jammu and Kashmir from this definition.
No, the abrogation of Article 370 in 2019 integrated Jammu and Kashmir into the mainstream constitutional framework, removing such exclusions.