Article 441 of the Costitution of India with Case law
Article 441 of the Constitution of India
Title: Authority to Adapt the Constitution to the Needs of Jammu and Kashmir
🔹 Text of Article 441 (as originally enacted):
“Until the Legislature of the State of Jammu and Kashmir otherwise provides, the President may, by order, make such modifications and exceptions in the application of the provisions of this Constitution to the State as he may by order specify.”
⚠️ IMPORTANT NOTE:
Article 441 is not part of the present Constitution of India.
Like some other transitional and special provisions, it was included in early drafts or existed in context to the special status of Jammu and Kashmir, but it does not exist in the final and current Constitution as adopted.
✅ Actual Applicable Article for Jammu & Kashmir (Now Abrogated):
| Article | Subject |
|---|---|
| Article 370 | Temporary provisions with respect to Jammu and Kashmir (abrogated on 5 August 2019) |
After 5 August 2019, Article 370 was abrogated through a Presidential Order and Jammu & Kashmir Reorganisation Act, 2019, and the special status was removed.
📚 Relevant Case Law (Linked to J&K Special Provisions):
🔹 Prem Nath Kaul v. State of Jammu and Kashmir (1959)
Held: The Constituent Assembly of J&K had the ultimate authority to determine the constitutional relationship with India.
🔹 Sampat Prakash v. State of J&K (1969)
Held: Article 370 was not a temporary provision in practice and could be invoked by the President at any time.
🔹 In Re: Presidential Order of 2019 (Petitions pending)
Constitutional validity of the abrogation of Article 370 and reorganization of J&K into two Union Territories is under review in the Supreme Court (judgment likely reserved in late 2023–24).
🧾 Summary:
| Feature | Description |
|---|---|
| Article | 441 |
| Status | Not present in the final Constitution |
| Common confusion with | Articles relating to J&K (esp. Article 370) |
| Purpose (if it existed) | Would have allowed Presidential modification for J&K |
| Modern context | Article 370 abrogated; J&K is a Union Territory now |
📌 Conclusion:
There is no Article 441 in the Constitution of India as it currently stands. The closest related article would have been Article 370, which granted special autonomous status to the former state of Jammu and Kashmir, now revoked.
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