CONSTITUTION OF JAMMU AND KASHMIR

 

CONSTITUTION OF JAMMU AND KASHMIR 1956[ Read PDF]

Preamble:-

WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the accession of this State to India which took place on the twenty sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves

JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and’ worship;
EQUALITY of status and of opportunity; and to promote among us all ;
FRATERNITY assuring the dignity of the individual and the unity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this seventeenth day of November, 1956, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART II
THE STATE
3. Relationship of the State with the Union of India:-The State of Jammu and Kashmir is and shall be an integral part of the Union of India.

4. Territory of the State:-The territory of the State shall comprise all the territories which on the fifteenth day of August, 1947, were under the sovereignty or suzerainty of the Ruler of the State.

5. Extent of executive and legislative power of the State:- The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India.

COMMENT 

Jammu and Kashmir is  the integral part of India, has been ratified by the Constitution of J & K through Preamble and through Sections 3 and 5 . Again it is provided in Section 147, that the  Constitution of J & K is not competent to indulge in deliberation with Article 370 of INDIAN CONSTITUTION. Article 370 is Temporary in nature , and could be deleted by notification of President of India  without the  permission of the Constitution of J & K, or legislative body of the State or any Constitution Assembly of the state. After 1956 the Constitution Assembly became functus officio  and   ceased to exist as like Constitution Assembly of India. Therefore, the proviso “Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification ” had lost it`s force long ago. Had it be the case that the President was issuing a notice before 1956 , then and only then  the Proviso could had had  it`s effect , otherwise the recommendation of the Constitution assemble is not necessary. Not having a Constitution assembly now could not make the provision absolutely immune from deletion .   

370. Temporary provisions with respect to the State of Jammu and Kashmir ( OF INDIAN CONSTITUTION)

(1)Notwithstanding anything in this Constitution,–

(a)the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b)the power of Parliament to make laws for the said State shall be limited to-(i)those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and(ii)such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation.–For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;

(c)the provisions of article 1 and of this article shall apply in relation to that State;

(d)such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by orderspecify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2)If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3)Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

147. Amendment of the Constitution ( J & K CONSTITUTION)

An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in the Legislative Assembly and when the Bill is passed in each House by a majority of not less than two thirds of the total membership of that House, it shall be presented to the Sadar-i-Riyasat for his assent and, upon such assent being given, to, the Bill, the Constitution shall stand amended in accordance with the terms of the Bill:
Provided that a Bill providing for the abolition of the Legislative Council may be introduced in the Legislative Assembly and passed by it by a majority of the total membership of Assembly and by a majority of not less them two-thirds of the members of the Assembly present and voting:

Provided further that no Bill or amendment seeking to make any change
in-
(a) this section; or
(b) the provisions of sections 3 and 5 ; or
(c) the provisions of the Constitution of India as applicable, in relation to the State,
shall be introduced or moved in either House of the Legislature.

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