Governor of J&K is elected by State Assembly

Q.  Which of the following is/are true regarding features of Constitution of India?

1) Head of the state i.e., Governor of J&K is nominated by the President of India.
2) High Court of J&K can issue writs only for the enforcement of fundamental rights and not for any other purpose.
3) Urdu is the official language of the state.

- Published on 09 Mar 17

a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above

ANSWER: 2, 3
    Some features of Constitution of J&K are -

  • It vests the executive powers of the state in the Governor appointed by the president for a term of five years.

  • It provides for a council of ministers headed by the Chief Minister to aid and advise the governor in the exercise of his functions.

  • The Council of Ministers is collectively responsible to the assembly.

  • Under the original Constitution of J&K (1957), the head of the state and head of the government were designated as Sadar-i-Riyasat (President) and Waziri-Azam (Prime Minister) respectively.

  • In 1965, they were re-designated as governor and Chief Minister, respectively.

  • Also, the head of the state was to be elected by the state assembly.

  • It establishes a High Court consisting of a Chief Justice and two or more other judges.

  • They are appointed by the President in consultation with the Chief Justice of India and the Governor of the state.

  • The High Court of J&K is a court of record and enjoys original, appelate and writ jurisdictions.

  • However, it can issue writs only for the enforcement of fundamental rights and not for any other purpose.

  • It provides for Governor’s Rule.

  • Hence, the governor, with the concurrence of the President of India, can assume to himself all the powers of the state government, except those of the High Court.

  • He can dissolve the assembly and dismiss the Council of Ministers.

  • The Governor’s Rule can be imposed when the state administration cannot be carried on in accordance with the provisions of the J&K Constitution.

  • It was imposed for the first time in 1977.

  • Notably, in1964, Article 356 of the Indian Constitution (dealing with the imposition of President’s Rule in a state) was extended to the state of J&K.

  • It declares Urdu as the official language of the state.

  • It also permits the use of English for official purposes unless the state legislature provides otherwise.

  • It lays down the procedure for its amendment.

  • It can be amended by a bill passed in each house of the state legislature by a majority of two-thirds of the total membership of that house.

  • Such a bill must be introduced in the assembly only.

  • However, no bill of Constitutional Amendment can be moved in either House if it seeks to change the relationship of the state with the Union of India.

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