Article 403 of the Costitution of India with Case law
🇮🇳 Article 403 of the Constitution of India
Topic: Temporary provisions with respect to the State of Jammu and Kashmir
(Found in Part XXI – Temporary, Transitional and Special Provisions, Chapter related to special provisions for certain states)
🔹 Text of Article 403 (Simplified):
Article 403 provides temporary provisions concerning the State of Jammu and Kashmir in relation to the powers of the Governor and the Legislative Assembly of that State.
It allows for special arrangements and procedures for the Governor to promulgate ordinances and carry out functions under the Constitution, until the State's own legislature enacts laws to the contrary.
The Governor is empowered to exercise all the powers of the Legislature and the Executive in certain situations as per this article.
🧾 Purpose of Article 403:
To provide transitional arrangements for governance in Jammu and Kashmir immediately after the adoption of the Constitution.
Reflects the special status Jammu and Kashmir had under Article 370 (which is now abrogated but was in force when Article 403 applied).
It allows the Governor to act with greater powers temporarily until the local legislature took over.
⚖️ Case Laws Related to Article 403:
Since Article 403 deals with transitional and temporary powers, it is historically linked to cases involving the special status of Jammu and Kashmir and powers of the Governor before Article 370 was abrogated in August 2019.
🔹 1. State of Jammu and Kashmir v. Union of India, AIR 1976 SC 1207
Discussed the powers of the Governor under the Constitution, including provisions under Article 403.
The court noted the special powers given to the Governor during the transitional phase in Jammu and Kashmir.
🔹 2. Re: Presidential Reference under Article 143 of the Constitution, (2013) 10 SCC 1
Involved legal issues related to Article 370 and special provisions applicable to Jammu and Kashmir, including transitional arrangements like Article 403.
The Supreme Court addressed the scope and limits of special powers exercised under such provisions.
✅ Key Features:
| Feature | Description |
|---|---|
| Applies to | State of Jammu and Kashmir (before abrogation of Article 370) |
| Nature | Temporary transitional provision |
| Powers conferred | Governor's powers to promulgate ordinances and legislate temporarily |
| Purpose | Facilitate governance during transition to constitutional setup |
📌 Contextual Notes:
Article 403 was significant during the initial years of Jammu and Kashmir joining the Indian Union with a special autonomous status.
Post the abrogation of Article 370 and reorganization of Jammu and Kashmir in 2019, many provisions including Article 403 lost their relevance.
🔚 Summary:
Article 403 provided the Governor of Jammu and Kashmir with special temporary legislative and executive powers during the transitional period following the adoption of the Constitution. It was a unique provision tied to the special constitutional status of the State.
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