Why was J&K Constitution never brought ‘within the fold’ of the Indian Constitution, SC asks

Subject :Polity

Section :Constitution

Context:

The Supreme Court asked why the Union of India, the Legislative Assembly of Jammu and Kashmir or the political establishment in the rest of the country had never bothered to bring the Constitution of Jammu and Kashmir within the fold of the Constitution of India.

Details:

The court said the Jammu and Kashmir Constitution had, over the years, limited the executive powers of the Union of India and restricted the legislative reach of the Parliament.
Jammu and Kashmir was the only State to have a separate Constitution. It was enacted on January 26, 1957 and abrogated by the President on August 5, 2019.

‘Complete authority’:

The 1954 Constitution Order, by inserting Article 35A into the Indian Constitution, gave the Jammu and Kashmir State Legislature “complete authority” to decide the ‘permanent residents’ of the State and grant them special rights and privileges in State public sector jobs, acquisition of property within the State, scholarships and other public aid and welfare programmes.
The limitations enumerated in Article 35A were reflected in the J&K Constitution.

Background:

On October 17, 1949, Article 370 was added to the Indian constitution, as a ‘temporary provision’, which exempted Jammu & Kashmir, permitting it to draft its own Constitution and restricting the Indian Parliament’s legislative powers in the state.
It was introduced into the draft constitution by N GopalaswamiAyyangar as Article 306A.
Under Article 370: The Constituent Assembly of Jammu & Kashmir was empowered to recommend which articles of the Indian Constitution should apply to the state,
- The J&K Constituent Assembly was dissolved after it drafted the state’s constitution. Clause 3 of the article 370 gives the President of India the power to amend its provisions and scope.
Article 35A stems from Article 370 and was introduced through a Presidential Order in 1954, on the recommendation of the J&K Constituent Assembly.
- Article 35A empowers the Jammu & Kashmir legislature to define the permanent residents of the state, and their special rights and privileges.
It appears in Appendix I of the Constitution.

Constitution (Application to Jammu and Kashmir) Order, 2019:

The Constitution (Application to Jammu and Kashmir) Order, 2019 has replaced the Presidential Order of 1954.
Subsequently, the Jammu and Kashmir Reorganisation Bill, 2019, passed by Parliament divides the state of Jammu and Kashmir into two new Union Territories (UTs): Jammu & Kashmir, and Ladakh.
This is the first time that a state has been converted into a UT.
Of the six Lok Sabha seats currently with the state of Jammu and Kashmir, five will remain with the union territory of Jammu and Kashmir, while one will be allotted to Ladakh.
The UT of Jammu and Kashmir will have an Assembly, like in Delhi and Puducherry.
Instead of 29, India will now have 28 states. Kashmir will no longer have a Governor, rather a Lieutenant Governor like in Delhi or Puducherry.