Article 152 of the Indian Constitution is the beginning of Part 6 of the Constitution. Articles in Part 6 talk about the States in the territory of India.
Article 152, which is the cornerstone of this part, provides us with the definition of “the state.” This is also the only article in Chapter 1 of Part 6.
Before diving deep into Article 152 of the Indian Constitution, let us try to understand some of the facts regarding the state.
Facts About The States And Some Background
In spite of the marginal header in article 152, the term “State” is not defined elsewhere in the Constitution of the United States. The Constitution of India first referred to India as a “Union of States” in Article 1.
The several states and their respective territories were outlined in the Constitution’s First Schedule. Before the Seventh Amendment, the Schedule mentioned three different types of states: Part ‘A,’ ‘B,’ and ‘C’ representing the former Governors’ Provinces of British India, the former princely States or Unions thereof headed by Rajpramukhs, and the former Chief Commissioners’ Provinces, each of which was headed by a Lt. Governor or Chief Commissioner. All of these types of states have since been superseded by the Seventh Amendment.
The Constitution (Seventh Amendment) Act, 1956, separated India into “States” and “Union Territories” after the States Reorganisation Act, 1956, abolished the Part B States. Article 1 and the First Schedule, as modified, made Part B’s Jammu & Kashmir a state.
Article 152 Of The Indian Constitution – In Detail
Let us take a look at the clause present in Article 152 as it is and then understand it deeply.
- Article 149 Of The Indian Constitution
- Article 150 Of The Indian Constitution
- Article 151 Of The Indian Constitution
The Clause – As it is & Explained
Definition.—In this Part, unless the context otherwise requires, the
expression “State” 2 [does not include the State of Jammu and Kashmir]
The above-mentioned clause from Article 152 of the Indian Constitution says that until and unless anything different is mentioned, the term “state” in Part 6 of the Indian Constitution will not include the State of Jammu and Kashmir.
Jammu and Kashmir will always stay segregated from the term “State” in this Part 6 of the Indian Constitution.
In this article, we concluded with the definition of the state. Since Article 152 of the Indian Constitution is the first article in Part 6, it provides the definition of the state.
In the upcoming Articles, we will understand more about The State, its powers and all the other important aspects related to it.
What comes under PART 6 of the Indian Constitution?
Carrying out the roles and responsibilities of the Governor in certain emergency situations. The authority of the Governor to commute, suspend, or remit sentences, as well as award pardons and other forms of clemency, under specific circumstances. The scope of the executive authority held by the state.
Which article comes under part 6?
Part 6 of the Indian Constitution contains Articles 152 to 237. Part 6 mainly focuses on the state government. This part is further divided into six chapters.