Article 427 of the Costitution of India with Case law
🇮🇳 Article 427 of the Constitution of India – Explained with Case Law
🔹 Text of Article 427 – Provisions relating to the Legislature of Jammu and Kashmir
"Parliament may by law provide for the exercise of legislative powers of the Legislature of the State of Jammu and Kashmir by the President during the period of President’s Rule in the State."
âś… Background and Purpose:
Article 427 is a temporary and special provision that was applicable only to the State of Jammu and Kashmir.
It empowered Parliament to make a law that allowed the President to exercise the legislative powers of the State Legislature during President’s Rule (under Article 356).
This Article formed part of the constitutional machinery to ensure governance continuity in J&K.
⚠️ Status after Reorganization of J&K (2019):
After the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, Jammu and Kashmir ceased to be a State and became a Union Territory.
As a result, Article 427 no longer has practical applicability.
It remains in the Constitution but is functionally obsolete unless J&K’s full statehood is restored.
⚖️ Relevant Legal Principles & References:
Although no major Supreme Court judgment has directly interpreted Article 427 in depth, it has been considered in cases and debates involving President’s Rule in Jammu and Kashmir.
🔹 1. Sampat Prakash v. State of J&K (1970)
Citation: AIR 1970 SC 1118
Relevance:
Though this case primarily dealt with Article 370, it touched upon the special constitutional position of Jammu and Kashmir, within which Article 427 also functioned.
The judgment upheld continuation of special provisions including President’s legislative powers via Article 427.
🔹 2. Mohd. Maqbool Damnoo v. State of J&K (1972)
Citation: AIR 1972 SC 963
Relevance:
Related to constitutional governance in J&K.
While it focused on other aspects, it indirectly emphasized the role of Parliament and the President’s powers in legislative functions during periods of suspended governance in J&K.
🔹 3. Re: Article 370, 2024 (Ongoing Supreme Court Judgments)
The Constitution Bench decision (2023) on the abrogation of Article 370 has effectively rendered Article 427 inapplicable.
The Court upheld the reorganization of the state and implicitly recognized the withdrawal of special provisions like Article 427.
đź“Ś Summary Table:
| Feature | Details |
|---|---|
| Article | 427 |
| Applies To | Jammu and Kashmir (former State) |
| Function | Allowed President to exercise legislative powers of J&K legislature during President’s Rule |
| Enabled By | Law passed by Parliament |
| Current Status | Obsolete after 2019 (J&K Reorganisation) |
| Relevant Case Law | Sampat Prakash (1970), Mohd. Maqbool Damnoo (1972) |
🧠Conclusion:
Article 427 was a special constitutional provision for Jammu and Kashmir, enabling the President to act as the Legislature during President’s Rule. It is now legally dormant due to the abrogation of Article 370 and the reorganization of the State in 2019.
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