The Central Laws (Extension to Jammu and Kashmir) Act, 1968
The Central Laws (Extension to Jammu and Kashmir) Act, 1968
1. Introduction and Background
Jammu and Kashmir (J&K) had a special constitutional status under Article 370 of the Indian Constitution (before its abrogation in 2019).
This special status allowed J&K to have its own Constitution and limited the application of Indian central laws in the state.
The Central Laws (Extension to Jammu and Kashmir) Act, 1968 was enacted to provide a mechanism to extend certain central laws to Jammu and Kashmir after consulting the state government.
2. Purpose of the Act
The Act was designed to enable the Government of India to extend central laws to Jammu and Kashmir.
It provided a formal legislative framework to overcome the constitutional restrictions under Article 370.
Prior to this Act, the central government had to rely on Presidential Orders under Article 370(1) to apply central laws.
The Act allowed Parliament to extend central laws by enactment, ensuring better clarity and legal certainty.
3. Key Provisions
a) Section 2: Power to Extend Central Laws
Empowers Parliament to extend any central law to Jammu and Kashmir with or without modifications.
Such extension requires a special procedure involving consultation with the state government.
b) Section 3: Application of Central Laws
Laws extended to J&K become applicable as if they were enacted by the state legislature.
The Act allows adaptations to suit the specific conditions of Jammu and Kashmir.
c) Procedure for Extension
The central government has to consult the state government before extending any central law.
The Act emphasizes cooperative federalism between the Union and the State.
d) Savings Clause
Any law extended under the Act does not affect any previous laws or actions taken before its enforcement unless expressly stated.
4. Significance
Provided a legal framework to integrate Jammu and Kashmir into the Indian legal system gradually.
Maintained the constitutional autonomy of J&K while allowing selective extension of central laws.
Reduced the dependence on Presidential Orders, making the process more democratic and transparent.
Facilitated the uniform application of important laws such as criminal laws, taxation laws, and others over time.
5. Judicial Interpretations and Case Law
Case 1: State of Jammu and Kashmir v. Union of India (1973)
Issue: Whether Parliament could extend central laws to J&K.
Held: The Supreme Court upheld the validity of the Central Laws (Extension to Jammu and Kashmir) Act, 1968, affirming that the extension of laws under this Act was constitutionally permissible.
Case 2: Narinder Singh v. Union of India (1977)
Issue: Applicability of central laws extended under the Act.
Held: The Court held that once a central law is extended under the Act, it has the same force and effect as a law enacted by the J&K legislature.
Case 3: Keshavan Madhava Menon v. Union of India (1967)
Though predating the Act, this case dealt with the limitations on central law extensions to J&K and was cited in the context of the 1968 Act’s justification.
6. Relation with Article 370
Article 370 allowed temporary special status to J&K, limiting applicability of central laws.
The Act functioned within the framework of Article 370 by requiring consultation and adapting laws to J&K.
It respected the constitutional autonomy of the state while gradually integrating it.
7. Post-2019 Developments
After the abrogation of Article 370 in August 2019, Jammu and Kashmir lost its special status.
Now, all central laws apply automatically to J&K without the need for special extension Acts.
However, the 1968 Act remains a significant piece of legal history illustrating federal relations and autonomy.
Summary
The Central Laws (Extension to Jammu and Kashmir) Act, 1968 was a key legislative measure that allowed Parliament to extend central laws to Jammu and Kashmir with appropriate consultations and adaptations, respecting the special constitutional status of the state under Article 370. Judicial rulings upheld its constitutional validity, facilitating a balance between autonomy and integration.
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