1) India is Federal Union of many States.
It cannot pass laws relating to matters pertaining to powers of ANY States.
2) Temporary Provision was made in Art. 369 that for 5 years (1950 to 1955), Central Govt shall have powers to make laws in State's related Matters also.
(This temporary article is no more relevant after 1955. It has lived its life.)
3) Regarding Jammu and Kashmir, a similar temporary provision was made which said that
A) Art. 238 will not apply to Jammu and Kashmir. ( This part of Art.370 has now become meaningless because Art. 238 itself was removed by Parliament in 1955)
B) Part (b) says power of Central Govt to pass laws relating to this State, will be subject to certain limitations, regarding matters in Accession Agreement etc etc
(C & D) Certain Limitation on power Central Govt to make laws regarding this State
2)...,,xxxx Not relevant here.
The Most Important Thing To Keep in Mind is this :- Art. 370 (3)
Art. 370(3) says Not withstanding anything contained in Any of the above provisions The President of India, can issue notification anytime that this Article 370 is no more operative
In other words, a simple notification by President can cancel Art.370. But, He can issue notification only on recommendation of State Assembly of Jammu and Kashmir only.
This apply to all the States in India in same way.
Central Govt or Parliament cannot pass any law which can take away powers of any states.
They cannot pass even laws to appoint Lokayukt or Lokpals in any State without permission of that State.
Haresh Raichura
23/10/13
