Answer By law4u team
Constitution Of India Article 152: Definition
In this Part, unless the context otherwise requires, the expression State {2}[does not include the State of Jammu and Kashmir]
NOTE
2. Subs. by s. 29 and Sch. ibid., for means a State specified in Part A of the First Schedule (w.e.f. 1-11-1956).
Brief Detail
Article 152 provides a definition for the term State within this particular Part of the Constitution, clarifying that it does not include Jammu and Kashmir. This exclusion is linked to the special status that Jammu and Kashmir held under Article 370 before its revocation in 2019.
Question & Answers
What does Article 152 define?
Article 152 defines the term State for the purposes of a specific Part of the Constitution, explicitly excluding the State of Jammu and Kashmir.
Why is Jammu and Kashmir excluded from the definition of State in Article 152?
The exclusion of Jammu and Kashmir from the definition of State in Article 152 is based on the special status granted to the region under Article 370, which provided the state with unique provisions and autonomy within India.
Example
For instance, when referring to the State within certain legal provisions under the Constitution, it would not apply to Jammu and Kashmir as per Article 152, which recognized its distinct status prior to the revocation of Article 370 in 2019.
Summary
Article 152 clarifies the definition of State within the specific context of this Part of the Constitution, excluding Jammu and Kashmir due to its special status, which was later modified following the removal of Article 370.
