Article 152 of the Costitution of India with Case law
📜 Article 152 of the Constitution of India – Definition of the State in Part VI
✅ Text of Article 152:
"In this Part, unless the context otherwise requires, the expression ‘State’ does not include the State of Jammu and Kashmir."
🧠 Explanation:
Article 152 is the opening provision of Part VI of the Constitution, which deals with State Governments (from Articles 152 to 237).
It defines what "State" means for the purposes of Part VI only.
Originally, it excluded Jammu and Kashmir because of its special status under Article 370 (now abrogated).
📌 Key Points:
| Feature | Description |
|---|---|
| Part VI covers | State Executive, State Legislature, High Courts |
| "State" in Article 152 | Does not include J&K (originally) |
| Reason for exclusion | Special autonomous status under Article 370 (before 2019) |
| After 2019 | Jammu & Kashmir's special status was removed via Constitution (Application to J&K) Order, 2019 and J&K Reorganisation Act, 2019. It is now a Union Territory |
⚖️ Relevant Case Laws:
1. Mohd. Maqbool Damnoo v. State of J&K
Citation: AIR 1972 SC 963
Held:
Affirmed the special constitutional status of Jammu & Kashmir.
Relevance: Explained why J&K was excluded from many parts of the Constitution, including Article 152.
2. State of Jammu and Kashmir v. Triloki Nath Khosa
Citation: AIR 1974 SC 1
Held:
J&K had its own Constitution, and Part VI of the Indian Constitution did not apply.
Reinforced Article 152’s exclusion clause.
3. Prem Nath Kaul v. State of J&K
Citation: AIR 1959 SC 749
Held:
J&K’s relationship with India was governed specially, and standard definitions like those in Article 152 didn’t apply to it unless expressly extended.
4. Post–2019 Developments:
After August 5, 2019, Article 370 was abrogated and J&K’s special status ended.
Hence, the exclusion in Article 152 is now obsolete in practice, though the text may still reflect the historical exception.
🏛️ Comparison with Article 12:
| Feature | Article 152 | Article 12 |
|---|---|---|
| Applies to | Part VI (State Governments) | Fundamental Rights (Part III) |
| Definition of “State” | Excludes J&K (originally) | Includes Government, Parliament, local bodies, etc. |
| Scope | Administrative/structural | Rights enforcement |
📚 Summary Table:
| Aspect | Detail |
|---|---|
| Article | 152 |
| Part of Constitution | Part VI (States) |
| Definition of “State” | Excludes Jammu & Kashmir (originally) |
| Purpose | To clarify applicability of Part VI |
| Status Today | After abrogation of Article 370, J&K is no longer excluded |
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