Application of Constitution to Jammu and Kashmir hinges on presidential orders subject to State concurrence and modification. Article 370 authorises the President to specify which provisions of the Constitution apply to Jammu and Kashmir with exceptions and modifications, limits Parliament's legislative power over the State to matters tied to the Instrument of Accession and other subjects specified with State concurrence, requires consultation or concurrence of the State government for such orders, recognises the State legislature's recommendation for certain presidential actions, and allows the President to declare the article inoperative or operative only with specified exceptions and modifications.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Application of Constitution to Jammu and Kashmir hinges on presidential orders subject to State concurrence and modification.
Article 370 authorises the President to specify which provisions of the Constitution apply to Jammu and Kashmir with exceptions and modifications, limits Parliament's legislative power over the State to matters tied to the Instrument of Accession and other subjects specified with State concurrence, requires consultation or concurrence of the State government for such orders, recognises the State legislature's recommendation for certain presidential actions, and allows the President to declare the article inoperative or operative only with specified exceptions and modifications.
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