Article 152 of CoI : Article 152: Definition.

Explanation using Example

Example 1:

Scenario: A citizen files a petition in the Supreme Court of India challenging a law passed by the State of Maharashtra, claiming it violates their fundamental rights under the Constitution of India.

Application of Article 152: In this case, the term "State" as used in the petition and the legal arguments would include Maharashtra. However, if the same petition were to challenge a law passed by the State of Jammu and Kashmir, Article 152 clarifies that Jammu and Kashmir is not included in the definition of "State" for the purposes of this Part of the Constitution. Therefore, the legal provisions and interpretations applicable to other states would not automatically apply to Jammu and Kashmir.

Example 2:

Scenario: A public interest litigation (PIL) is filed against the State of Tamil Nadu for not implementing a central government scheme aimed at improving public health.

Application of Article 152: The term "State" in this context includes Tamil Nadu, and the PIL can proceed based on the constitutional obligations of the state. However, if a similar PIL were filed against the State of Jammu and Kashmir for the same issue, Article 152 indicates that Jammu and Kashmir is not included in the definition of "State" for this Part of the Constitution. This means that the legal framework and obligations that apply to other states under this Part would not necessarily apply to Jammu and Kashmir.