Article 152 of Constitution of India – Definition

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Article 152 of Constitution of India deals with

Original Text of Article 152 of Constitution of India

In this Part, unless the context otherwise requires, the expression “State” 2[does not include the State of Jammu and Kashmir].

Questions related to Article 152 of Constitution of India

1. What does Article 152 of the Indian Constitution define?

Article 152 provides the definition of “State” for the purposes of Part VI of the Constitution, which deals with State Governments. It clarifies that “State” does not include Jammu and Kashmir, unless otherwise specified in the Constitution of India.

2. Why is Article 152 important in understanding the Indian federal structure?

It lays the foundation for interpreting all provisions in Part VI, which includes the Governor, State Legislature, and Executive, helping distinguish between Union and State powers under the Articles of Indian Constitution.

3. Does Article 152 still exclude Jammu and Kashmir after the abrogation of Article 370?

Post the 2019 abrogation of Article 370, Jammu and Kashmir is no longer treated specially. However, interpretations and historical references are still found on Indian Kanoon, based on earlier readings of Article 152.

4. Is the term “State” in Article 152 the same as used elsewhere in the Constitution?

Not necessarily. The definition of “State” changes contextually in different parts of the Indian Constitution. Article 152’s definition is specific to Part VI, unlike Articles 12 or 36.

5. Where can I read more legal cases interpreting Article 152?

You can explore Indian Kanoon for judgments and commentaries that interpret Article 152, especially those involving the structure, jurisdiction, and powers of State Governments under the Constitution of India.

For Further Reference:

Other Related Links:

Indian Constitution: All Articles and schedulesArticle 2 of Indian Constitution
Article 3 of Indian ConstitutionArticle 4 of Indian Constitution
Article 5 of indian ConstitutionArticle 6 of Indian Constitution
Article 7 of Indian ConstitutionArticle 8 of Indian Constitution
Article 9 of Indian ConstitutionArticle 10 of Indian Constitution
Article 11 of Indian ConstitutionCitizenship

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