Appendix II
Appendix
II Re-Statement, With Reference to the Present Text of the
Constitution, of the Exceptions and Modifications Subject to Which
the Constitution Applies to the State of Jammu and Kashmir
{
Note: The exceptions and modifications subject to which the
Constitution applies to the State of Jammu and Kashmir are neither
those provided in the Constitution (application to Jammu and Kashmir)
Order, 1954 or those consequential to the non application to the
State of Jammu and Kashmir of certain amendments to the Constitution.
All the exception and modifications which have a practical
significance are included in the re-statement which is only for
facility of quick reference. For ascertaining the exact position,
reference will have to be made to the Constitution (application to
Jammu and Kashmir) Order, 1954 and to the text of the Constitution on
the 20th of June, 1964, as amended by the subsequent amendments to
the Constitution mentioned in clause 2 of the said Order. }
(1)
The Preamble
(a) In the first paragraph, omit "SOCIALIST
SECULAR";
(b) in penultimate paragraph, omit "and
integrity".
(2)
Part I
Article 3
(a) Add the following further proviso,
namely:
"Provided further that no Bill providing for
increasing or diminishing the area of the State of the Jammu and
Kashmir or altering the name or boundary of that State shall be
introduced in Parliament without the consent of the Legislature of
the State.";
(b) omit Explanation I and Explanation II.
(3)
Part II
(a) This Part shall be deemed to have been applicable in
relation to the State of Jammu and Kashmir as from the 26th day of
January, 1950.
(b) article 7 Add the following further proviso,
namely:
"Provided further that nothing in this article
shall apply to a permanent resident of the State of Jammu and Kashmir
who, after having so migrated to the territory now included in
Pakistan, returns to the territory of that State under a permit of
resettlement in that State or permanent return by or under the
authority of that State under a permit of resettlement in that State
or permanent return issued by or under the authority of any law made
by the Legislature of that State, and every such person shall be
deemed to be a citizen of India.".
(4)
Part III
(a) article 13 References to the commencement of the
Constitution shall be construed as references to the commencement of
the Constitution (application to Jammu and Kashmir) Order, 1954 (C.O.
48), i.e., the 14th day of May, 1954.
(c) article 16 In clause
(3), references to the State shall be construed as reference to the
State of Jammu and Kashmir.
(d) article 19
(A) In clause
(1),
(i) in sub clause (e), insert the following clause,
namely:
"(f) to acquire, hold and dispose of property;
and";l (B) in clause (5), for ``sub clauses (d) and (e)",
substitute "sub clause (d), (e) and (f)".
(e) article
22 In clauses (4) and (7), for "Parliament", substitute
"the Legislature of the State".
(f) article 30 Omit
clause (1A).
(g) After article 30, insert the following, namely:
"Right Property
31. Compulsory acquisition of property (1)
No person shall be deprived of his property save by the authority of
the law.
(2) No property shall be compulsory acquired or
requisitioned save for a public purpose and save by authority of a
law which provides for acquisition or requisitioning of the property
for an amount which may be fixed by such law or which may be
determined in accordance with such principles and given such manner
as may be specified in such law; and no such law shall be called in
question in any court on the ground that the amount so fixed or
determined is not adequate or that the whole or any part of such
amount is to be given otherwise than in cash:
Provided that in
making any law providing for the compulsory acquisition of any
property of an educational institution established and administered
by an minority, referred to in clause (1) of article 30, the State
shall ensure that the amount fixed by or determined under such law
for the acquisition of such property is such as would not restrict or
abrogate the right guaranteed under that clause.
(2A) Where a
law does not provide foe the transfer of the ownership or right to
possession of any property to the State or to a Corporation owned or
controlled by the State, it shall not be deemed to provide for the
compulsory acquisition or requisitioning of property, notwithstanding
that it deprives any person of his property.
(2B) Nothing in sub
clause (f) of clause (1) of article 19 shall affect any such law as
is referred to in clause (2).
(5) Nothing in clause 2 shall
affect -
(a) the provision of any existing law; or
(b) the
provision of any law which the State may hereafter make -
(i)
for the purpose of imposing or levying any tax or penalty; or
(ii)
for the promotion of public health or the prevention of danger to
life or property; or
(iii) with respect to property declared by
law to be evacuee property."
(h) After article 31, omit the
following sub heading, namely:
"Saving of Certain Laws"
(i)
article 31A
(A) In clause (1), -
(i) for "article 14
or article 19", substitute "article 19 or article 31";
(ii)
omit the first proviso to clause (1);
(iii) in the second
proviso omit "further";
(B) in clause (2), for sub
clause (a), substitute the following sub clause, namely:
"(a)
"estate" shall mean land which is occupied or has been let
for agricultural purposes or for purposes subservient to agriculture,
or for pasture, and includes -
(i) sites of buildings and other
structure on such land;
(ii) trees standing on such land;
(iii)
forest land and wooded waste;
(iv) area covered by or fields
floating over water;
(v) sites of jandars and gharats;
(vi)
any jagir, inam or muafi or mukarrari or other similar grant, but
does not include -
(i) the site of any building in any town, or
town area or village abadi or any land appurtenant to any such
building or site;
(ii) any land which is occupied as the site of
a town or village; or
(iii) any land reserved for the building
purposes in a municipality or notified area or cantonment or town or
any area for which a town planning scheme is sanctioned;".
(j)
article 31C This article is not applicable to the State of Jammu and
Kashmir,
(k) article 32 Omit clause (3).
(l) article 35
(A)
References to the commencement of the Constitution shall be construed
as references to the commencement of the Constitution (Application to
Jammu and Kashmir) Order, 1954 (C.O. 48), i.e., the 14th day of May,
1954;
(B) in clause (a)(i), omit "clause (3) of article 16,
clause (3) of article 32";
(C) after clause (b), add the
following clause, namely:
"(c) no law with respect to
preventive detention made by the Legislature of the State of Jammu
and Kashmir whether before or after the commencement of the
Constitution (Application to Jammu and Kashmir) Order, 1954 shall be
void on the ground that it is inconsistent with any of the provisions
of the Part, but any such law shall, to the extent of such
inconsistency, cease to have effect on the expiration of twenty five
years from the commencement of the said Order, except as respects
things or omitted to be done before the expiration thereof."
(m)
After article 35, add the following article, namely:
"35A.
Saving of laws with respect to permanent residents and their rights -
Notwithstanding anything contained in this Constitution, no existing
law in force in the State of Jammu and Kashmir, and no law hereafter
enacted by the Legislature of the State, -
(a) defining the
classes of persons who are, or shall be permanent residents of the
State of Jammu and Kashmir; or
(b) conferring on such permanent
residents any special rights and privileges or imposing upon other
persons any restrictions as respects -
(i) employment under the
State Government;
(ii) acquisition of immovable property in the
State;
(iii) settlement in the State; or
(iv) right to
scholarships and such other forms of aid as the State Government may
provide, shall be void on the ground that it is inconsistent with or
takes away or abridges any rights conferred on the other citizens of
India by any provision of this Part."
(5)
Part IV
This Part is not applicable to the State of Jammu and
Kashmir.
(6)
Part IVA
This Part is not applicable to the State of Jammu and
Kashmir.
(7)
Part V
(a) Article 55
(A) For the purposes of this article,
the population of the State of Jammu and Kashmir shall be deemed to
be sixty three lakhs;
(B) in the Explanation omit the
proviso.
(b) article 81 for clauses (2) and (3), substitute the
following clauses, namely:
"(2) for the purposes of sub
clause (a) of clause (1), -
(a) there shall be allotted to the
State six seats in the House of the People;
(b) the State shall
be divided into single member territorial constituencies by the
Delimitation Commission constituted under the Delimitation Act, 1972,
in accordance with such
procedure as the Commission may deem
fit;
(c) the constituencies shall, as far as practicable, be
geographically compact areas, and in delimiting them regard shall be
had to physical features, existing boundaries of administrative
units, facilities of communication and public convenience; and
(d)
the constituencies into which the State is divided shall not comprise
the area under the occupation of Pakistan.
(3) Nothing in clause
(2) shall affect the representation of the State in the House of the
People until the dissolution of the House existing on the date of
publication in the Gazette of India of the final order or orders of
the Delimitation Commission relating to the delimitation of
parliamentary constituencies under the Delimitation Act, 1972.
(4)
(a) The Delimitation Commission shall associate with itself for the
purpose of assisting it in its duties in respect of the state, five
persons who shall be members of the House of the People representing
the State.
(b) The persons to be so associated from the State
shall be nominated by the Speaker of the House of the People having
due regard to the composition of the House.
(c) The first
nominations to be made under sub clause (b) shall be made by the
Speaker of the House of the People within two months from the
commencement of the Constitution (Application to Jammu and Kashmir)
Second Amendment Order, 1974.
(d) None of the associate members
shall have a right to vote or to sign any decision of the
Delimitation Commission./
(e) If owing to death or resignation,
the office of an associate member falls vacant, it shall be filled as
soon as may be practicable by the Speaker of the House of the People
and in accordance with the provisions of sub clauses (a) and
(b).".
(c) article 82 Omit the second and third
provisos.
(d) article 105 In clause (3), for "shall be
those of that House and of its members and committees immediately
before the coming into force of section 15 of the Constitution (Forty
fourth Amendment) Act, 1978" substitute "shall be those of
the House of Commons of the Parliament of the United Kingdom, and of
its members and committees, at the commencement of this
Constitution".
(e) For article 132, substitute the
following article, namely:
"132. Appellate jurisdiction of
Supreme Court in appeals form High Courts in certain cases
(1)
An appeal shall lie to the Supreme Court from any judgement, decree
or final order of a High Court in the territory of India, whether in
a civil, criminal or other proceeding, if the High Court certifies
that the case involves a substantial question of law as to the
interpretation of this Constitution.
(2) Where the High Court
has refused to give a certificate, the Supreme Court may, if it is
satisfied that the case involves a substantial question of law as to
the interpretation of this Constitution, grant special leave to
appeal from such judgement, decree or final order.
(3) Where
such a certificate is given, or such leave is granted, any party in
the case may appeal to the Supreme Court on the ground that any such
question as aforesaid has been wrongly decided and, with the leave of
the supreme Court, on any other ground.
Explanation: For the
purposes of this article, expression "final order" includes
an order deciding an issue which, if decided in favour of the
appellant, would be sufficient for the final disposal of the
case."
(f) Article 133
(A) In clause (1), omit "under
article 134A";
(B) after clause (1), insert the following
clause, namely:
"(1A) The provisions of section 3 of the
Constitution (Thirtieth Amendment) Act, 1972, shall apply in relation
to the State of Jammu and Kashmir subject to the modification that
references therein to "this Act", "the commencement of
this Act", "this
Act had not been passed" and "as
amended by this Act" shall be construed respectively as
references to "the Constitution (Application to Jammu and
Kashmir) Second Amendment Order, 1974", "the commencement
of the said Order", "the said Order had not been made"
and "as it stands after the commencement of the said
Order"."
(g) article 133 -
(A) In clause (1),
omit "under article 134A";
(B) after clause (1),
insert the following clause, namely:
"(h) article 134A,
135, 139 and 139A These articles are not applicable to the State of
Jammu and Kashmir.
(i) article 145 In clause (1), omit sub
clause (cc).
(j) article 150 For "as the President may, on
the advice of the Comptroller and the Auditor General of India,
prescribe" substitute "as the Comptroller and the Auditor
General of India may, with the approval of the President prescribe".
(8)
Part VI
(a) Omit articles 153 to 217, article 219, article 221,
articles 223, 224, 224A and 225, articles 227 to 233, article 233A
and articles 234 to 237.
(b) article 220 References to the
commencement of the Constitution shall be constructed as references
to the commencement of the Constitution (Application to Jammu and
Kashmir) Amendment Order, 1960, i.e., the 26th January, 1960.
(c)
article 222 After clause (1), insert the following clause,
namely:
"(1A) Every such transfer from the High Court of
Jammu and Kashmir or to that High Court shall be made after
consultation with the Governor."
(d) article 226
(A)
Renumber clause (2) as clause (1A);
(B) Omit clause (3);
(C)
renumber clause (4) as clause (2); and in clause (2) as so
renumbered, for "this article" substitute "clause (1)
or clause (1A)".
(9)
Part VIII
This Part is not applicable to the State of Jammu and
Kashmir.
(10)
Part X
This Part is not applicable to the State of Jammu and
Kashmir.
(11)
Part XI
(a) article 246
(A) In clause (1), for "clause
(2) and (3)" substitute "clause (2)";
(B) in
clause (2), omit "Notwithstanding anything standing in clause
(3),";
(C) omit clause (3) and (4).
(b) For article
248, substitute the following article, namely:
"248.
Residuary powers of legislation Parliament has exclusive power to
make any law with respect to -
(a) prevention of activities
involving terrorist acts directed towards over awing the Government
as by law established or striking terror in the people or any section
of the people or alienating any section of the people or adversely
affecting the harmony amongst different sections of the people;
(aa)
prevention of other activities directed towards disclaiming,
questioning or disrupting the sovereignty and territorial integrity
of India or bringing about cession of a part of the territory of
India or secession of a part of the territory of India from the Union
or causing insult to the Indian National Flag, Indian National Anthem
and this Constitution; and
(b) taxes on -
(i) foreign
travel by sea or air;
(ii) inland air travel;
(iii) postal
articles, including money orders, phonograms and
telegrams.
Explanation: In this article, "terrorist act"
means any act or thing by using bombs, dynamite or other explosive
substances or inflammable substances or firearms or other lethal
weapons or poisons or noxious gases or other chemical or any other
substances (whether biological or otherwise) of a hazardous
nature."
(bb) article 249, in clause (1), for "any
matter enumerated in the State List specified in the resolution",
substitute "any matter specified in the resolution, being a
matter which is not enumerated in the Union List or in the Concurrent
List".
(c) article 250 For "to any matters enumerated
in the State List" substitute "also to matter not
enumerated in the Union List".
(d) Omit clause (d).
(e)
article 253 Add the following proviso, namely:
"Provided
that after the commencement of the Constitution (Application to Jammu
and Kashmir) Order, 1954, no decision affecting the disposition of
the State of Jammu and Kashmir shall be made by the Government of
India without the consent of the Government of the State."
(f)
Omit article 255.
(g) article 256 Renumber this article as
clause (1) thereof, and add the following new clause thereto,
namely:
"(2) The State of Jammu and Kashmir shall so
exercise its executive power as to facilitate the discharge by the
Union of its duties and responsibilities under the Constitution in
relation to that State; and in particular, the said State shall,if so
required by the Union, acquire or requisition property on behalf and
at the expense of the Union, or if the property belongs to the State,
transfer it to the Union on such terms as may be agreed or in default
of agreement, as may be determined by an arbitrator appointed by the
Chief Justice of India."
(h) article 261 In clause (2),
omit "made by Parliament".
(12)
Part XII
(a) article 266, 282, 284, 298, 299 and 300 In these
articles references to the State or States shall be construed as not
including references to the State of Jammu and Kashmir;
(b) omit
clause (2) of article 267, article 273, clause (2) of article 283 and
article 290;
(c) articles 277 and 295 In these articles
references to the commencement of the Constitution shall be construed
as references to the commencement of the Constitution (Application to
Jammu and Kashmir) Order, 1954, i.e., the 14th day of May, 1954.
(d)
omit the sub heading "Chapter IV Right to Property" and
article 300A.
(13)
Part XIII
In article 303, in clause (1), omit "by virtue of
any entry relating to trade and commerce in any of the Lists in the
Seventh Schedule".
(14)
Part XIV
Except in article 312, reference to "State"
in this part does not include the State of Jammu and Kashmir.
(15)
Part XIVA
This Part is not applicable to the State of Jammu and
Kashmir.
(16)
Part XV
(a) article 324 In clause (1), the reference to the
Constitution shall, in relation to elections to either House of the
Legislature of Jammu and Kashmir, be construed as reference to the
Constitution of Jammu and Kashmir.
(b) articles 325, 326 and 327
In these articles the references to a State shall be construed as not
including a reference to the State of Jammu and Kashmir.
(c)
Omit article 328.
(d) article 329
(A) Reference to a State
shall be construed as not including a
reference to the State of
Jammu and Kashmir;
(B) Omit "or article 328".
(17)
Part XVI
Original clause (a) omitted and clauses (b) and (c)
relettered as clauses (a) and (b).
(a) Omit articles 331, 332,
333, 336 and 337.
(b) articles 334 and 335 References to the
State or the States shall be construed as not including references to
the State of Jammu and Kashmir.
(c) article 339, in clause (1)
omit "the administration of the Scheduled Areas and".
(18)
Part XVII
The provisions of this Part shall apply to the State
of Jammu and Kashmir only in so far as they relate to
(i) the
official language of the Union;
(ii) the official language for
communication between the State and another, or between a State and
the Union; and
(iii) the language of the proceedings of the
Supreme Court.
(19)
Part XVIII
(a) For article 352, substitute the following
article, namely:
"352. Proclamation of Emergency (1) If the
President is satisfied that a grave emergency exists where by the
security of India or of any part of the territory thereof is
threatened, whether by war or external aggression or internal
disturbance, he may, by Proclamation, make a declaration to that
effect.
(2) A Proclamation issued under clause (###) -
(a)
may be revoked by a subsequent Proclamation;
(b) shall be laid
before each House of Parliament;
(c) shall cease to operate at
the expiration of two months unless before the expiration of that
period it has been approved by resolutions of both Houses of
Parliament:
Provided that if any such Proclamation is issued at
a time when the House of the People has been dissolved or the
dissolution of the House of the People takes place during the period
of two months referred to in sub clause (c), and if a resolution
approving the Proclamation has been passed by the Council of States
but no resolution with respect to such Proclamation has been passed
by the People before the expiration of the period, the Proclamation
shall cease to operate at the expiration of thirty days from the date
on which the House of the People first sits after its reconstitution
unless before the expiration of the said period of thirty days a
resolution approving the Proclamation has been also passed by the
House of the People.
(3) A proclamation of Emergency declaring
that the security of India or of any part of the territory thereof is
threatened by war or by external aggression or by internal
disturbance may be made before the actual occurrence of war of any
such aggression or disturbance if the President is satisfied that
there is imminent danger thereof.
(4) The power conferred on the
President by the article shall include the power to issue different
Proclamations on different grounds, being war or external aggression
or internal disturbance or imminent danger of war or external
aggression or internal disturbance, whether or not there is a
Proclamation already issued by the President under clause (1) and
such Proclamation is in operation.
(5) Notwithstanding anything
in this Constitution, -
(a) the satisfaction of the President
mentioned in clause (1) and clause (3) shall be final and conclusive
and shall not be questioned in any court on any ground;
(b)
subject to the provisions of clause (2), neither the Supreme Court
nor any other Court shall have jurisdiction to entertain any
question, on any ground, regarding the validity of -
(i) a
declaration made by Proclamation by the President to the effect
stated in clause (1); or
(ii) the continued operation of such
Proclamation.
(6) No proclamation of Emergency made on the
grounds only
of internal disturbance or imminent danger thereof
shall have effect in relation to the State of Jammu and Kashmir
(except as respect to article 354) unless -
(a) it is made at
the request or with the concurrence of the Government of that State;
or -
(b) where it has not been so made, it is applied
subsequently by the President to that State at the request or with
the concurrence of the Government of that State.".
(b)
article 353 omit the proviso.
(c) article 356 -
(A) In
clause (1), reference to provisions or provision of the Constitution
shall, in relation of the Constitution of Jammu and Kashmir, be
construed as including references to provisions or provision of the
Constitution of Jammu and Kashmir;
(B) in clause (4) for the
opening portion, substitute the following, namely:
"A
proclamation so approved shall, unless revoked, cease to operate on
the expiration of a period of six months from the date of the passing
of the second of the resolutions approving the Proclamation under
clause (3).";
(C) for clause (5), substitute the following
clause, namely:
"(5) Notwithstanding anything in this
Constitution, the satisfaction of the President mentioned in clause
(1) shall be final and conclusive and shall not be questioned in any
court on any ground.".
(d) article 357 For clause (2),
substitute the following clause, namely:
"(2) Any law made
in exercise of the power of the Legislature of the State by
Parliament or the President or the authority referred to in sub
clause (a) of clause (1) which Parliament or the President or such
other authority would not, but for the issue of a Proclamation under
article 356, have been competent to make shall to the extent of the
incompetency, cease to have effect on the expiration of a period of
one year after the Proclamation has ceased to operate except as
respects thing done or omitted to be done before the expiration of
the said period, unless the provisions which shall so cease to have
effect are sooner repealed or re enacted with or without modification
by Act of the appropriate Legislature.".
(e) For article
358, substitute the following, namely:
"358. Suspension of
provisions of article 19 during emergencies While a Proclamation of
Emergency is in operation, nothing in article 19 shall restrict the
power of the State as defined in Part III to make any law or take any
executive action which the State would but for the provisions
contained in that Part be competent to make or to take, but any law
so made shall, to the extent of the incompetency, cease to have
effect as soon as the Proclamation ceases to operate, except as
respects things done or omitted to be done before the law so ceases
to have effect.".
(f) article 359 -
(A) In clause (1)
omit "(except articles 20 and 21)";
(B) in clause
(1A), -
(i) omit "(except articles 20 and 21)";
(ii)
omit the proviso;
(C) omit clause (1B);
(D) in clause (2),
omit the proviso.
(g) omit article 360.
(20)
Part XIX
(a) article 361A This is not applicable to the State of
Jammu and Kashmir.
(b) Omit article 365.
(c) article 367
After clause (3), add the following clause, namely:
"(4)
For the purposes of this Constitution as it applies in relation to
the State of Jammu and Kashmir -
(a) references to this
Constitution or to the provisions thereof shall be construed as
references to the Constitution or the provisions thereof as applied
in relation to the said State;
(aa) references the person for
the time being recognised by the
President on the recommendation
of the Legislative Assembly of the State of the Sadar i Riyasat of
Jammu and Kashmir, acting on the advice of the Council of Ministers
of the State for the time being in office, shall be construed as
references to the Governor of Jammu and Kashmir;
(b) references
to the Government of the said State shall be construed as including
references to the Governor of Jammu and Kashmir acting on the advice
of his Council of Ministers:
Provided that in respect of any
period prior to the 10th day of April, 1965, such references shall be
construed as including the Sadar i Riyasat acting on the advice of
his Council of Ministers;
(c) references to High Court shall
include references to the High Court of Jammu and Kashmir;
(d)
references to the permanent residents of the said State shall be
construed as meaning persons who, before the commencement of the
Constitution (Application to Jammu and Kashmir) Order, 1954, were
recognised as State subjects under laws in force in the State or who
are recognised by any law made by the Legislature of the State as
permanent residents of the State; and
(e) references to a
Governor shall include references to the Governor of Jammu and
Kashmir:
Provided that in respect of any period prior to the
10th day of April, 1965, such references shall be construed as
references to the person recognised by the President as the Sadar i
Riyasat of Jammu and Kashmir and as including references to any
person recognised by the President as being competent to exercise to
the powers of the Sadar i Riyasat.".
(21)
Part XX
Article 368
(a) In clause (2), add the following
further proviso, namely:
"Provided further that no such
amendment shall have effect in relation to the State of Jammu and
Kashmir unless applied by order of the President under clause (1) of
article 370.".
(b) omit clauses (4) and (5) and after
clause (3) add the following clause, namely:
"(4) No law
made by the Legislature of the State of Jammu and Kashmir seeking to
make any change in or in the effect of any provision of the
Constitution of Jammu and Kashmir relating to
(a) appointment,
powers, functions, duties, emoluments, allowances, privileges or
immunities of the Governor; or
(b) superintendence, direction
and control of elections by the Election Commission ofIndia
eligibility for inclusion in the electoral rolls without
discrimination, adult suffrage and composition of the Legislative
Council, being matters specified in sections 148, 139, 140 and 150 of
the Constitution of Jammu and Kashmir,
shall have any effect
unless such law has, after having been reserved for the consideration
of the President, received his assent."
(22)
Part XXI
(a) omit articles 369, 371, 371A, 372A, 373, and
articles 376 to 378A and 392.
(b) article 372
(A) Omit
clauses (2) and (3);
(B) references to the laws in force in the
territory of India shall include references to hidayats, ailans,
ishtihars, circulars, robkars, irshads, yadashts, State Council
Resolutions, Resolutions of the Constituent Assembly,and other
instruments having the force of law in the territory of the State of
Jammu and Kashmir;
(C) references to the commencement of the
Constitution shall be construed as references to the commencement of
the Constitution (Application to Jammu and Kashmir) Order, 1954
(C.O.48), i.e., the 14th day of May, 1954.
(c) article 374 -
(A)
Omit clauses (1), (2), (3) and (5).
(B) in clause (4), the
reference to the authority functioning as
the Privy Council of a
State shall be construed as a reference to the Advisory Board
constituted under Jammu and Kashmir Constitution Act Svt. 1996, and
references to the commencement of the Constitution shall be construed
as references to the commencement of the Constitution (Application to
Jammu and Kashmir) Order, 1954, i.e., the 14th day of May, 1954.
(23)
Part XXII
Omit articles 394 and 395.
(24)
Third Schedule
Omit forms V, VI, VII and VIII.
(25)
Fifth Schedule
This Schedule is not applicable to the State of
Jammu and Kashmir.
(26)
Sixth Schedule
This Schedule is not applicable to the State of
Jammu and Kashmir.
(27)
Seventh Schedule
(a) List I Union List -
(A) Omit entry
2A;
(B) for entry 3, substitute the following entry, namely:
"3.
Administration of cantonments.";
(C) omit entries 8, 9, 34
and 79;
(D) in entry 72m the reference to the States shall be
construed, -
(i) in relation to appeals to the Supreme Court
from any decision or order of the High Court of the State of Jammu
and Kashmir made in an election petition whereby an election to
either House of the Legislature of that State has been called in
question, as including a reference to the State of Jammu and
Kashmir;
(ii) in relation to the other matters, as not including
a reference to that State;
(E) in entry 81, omit "Inter
State migration";
(F) for entry 97, substitute the
following entry, namely:
"97. Prevention of activities
-
(a) involving terrorist acts directed towards overawing the
Government as by law established or striking terror in the people or
any section of the people or alienating any section of the people or
adversely affecting the harmony amongst different sections of the
people;
(b) directed towards disclaiming, questioning or
disrupting the sovereignty and territorial integrity of India or
bringing about cession of a part of the territory of India or
secession of a part of the territory of India from the Union or
causing insult to the Indian National Flag, the Indian National
Anthem and this Constitution,
taxes on foreign travel by sea or
air, on inland air travel and on postal articles, including money
orders, phonograms and telegrams.
Explanation: In this entry,
"terrorist act" has the same meaning as in the Explanation
to article 248."
(b) Omit List II State List.
(c) List
III Concurrent List -
(A) For entry 1, substitute the following
entry, namely:
"1. Criminal law (excluding offences against
laws with respect to any of the matters specified in List I and
excluding the use of naval, military or air forces or any other armed
forces of the Union in aid of the civil power) in so far as such
criminal law relates to offences against laws with respect to any of
the matters specified in this List.";
(B) for entry 2,
substitute the following entry, namely:
"2. Criminal
procedure (including prevention of offences and constitution and
organisation of criminal courts, except the Supreme Court and the
High Court) in so far as it relates to
(i) offences against laws
with respect to any matters being matters with respect to which the
Parliament has power to make laws; and
(ii) administration of
oaths and taking of affidavits by diplomatic and consular officers in
any foreign country.";
(C) omit entry 3, entries 5 to 10
(both inclusive), entries 14, 15, 17, 20, 21, 27, 28, 29, 31, 32, 37,
38, 41 and 44;
(D) entries 11A, 17A, 17B, 20A and 33A are not
applicable to the State of Jammu and Kashmir;
(E) for entry 12,
substitute the following entry, namely:
"12. Evidence and
oaths in so far as they relate to, -
(i) administration of oaths
and taking of affidavits by diplomatic and consular officers in any
foreign country; and
(ii) any other matter being matters with
respect to which Parliament has power to make laws.";
(F)
for entry 13, substitute the following entry, namely:
"13.
Civil procedure in so far as it relates to administration of oaths
and taking of affidavits by diplomatic and consular officers in any
foreign country.";
(G) for entry 25, substitute the
following entry, namely:
"25. Vocational and technical
training of labour.";
(H) for entry 30, substitute the
following entry, namely:
"30. Vital statistics in so far as
they relate to births and deaths including registration of births and
deaths.";
(I) for entry 42, substitute the following entry,
namely:
"42. Acquisition and requisitioning of property, in
so far as regards acquisition of any property covered by entry 67 of
List I or entry 40 of List III or of any human work of art which has
artistic or aesthetic value.";
(J) in entry 45, for "List
II or List III" substitute "this List".
(28)
Ninth Schedule
(a) After entry 64, add the following entries,
namely:
"64A. The Jammu and Kashmir State Kuth Act (No. I
of Svt. 1978).
64B. The Jammu and Kashmir Tenancy Act (No. II of
Svt. 1980).
64C. The Jammu and Kashmir Alienation of Land Act
(No. V of Svt. 2007).
64D. The Jammu and Kashmir Big landed
Estates Abolition Act (No. XVII of Svt. 2007).
64E. Order No. 6
H of 1951, dated the 10th March 1951, regarding Resumption of Jagirs
and other assignments of land revenue, etc.
64F. The Jammu and
Kashmir Restitution of Mortgaged Properties Act, 1976 (Act XIV of
1976).
64G. The Jammu and Kashmir Debtors' Relief Act, 1976 (Act
XV of 1976).";
(b) entries 65 to 86 are not applicable to
the State of Jammu and Kashmir;
(c) after entry 86, insert the
following entry, namely:
"87. The Representation of the
People Act, 1951 (Central Act 43 of 1951), the Representation of the
People (Amendment) Act, 1974 (Central Act 58 of 1974) and the
Election Laws (Amendment) Act, 1975 (Central Act 40 of 1975).";
(d)
after entry 91, insert the following entry, namely:
"92.
The Maintenance of Internal Security Act, 1971 (Central Act of
1971).";
(e) after entry 129, insert the following entry,
namely:
"130. The Prevention of Publication of
Objectionable Matter Act, 1976 (Central Act 27 of 1976).";
(f)
after insertion of entries 87, 92 and 130 as indicated above,
renumber entries 87 to 188 as entries 65 to 166 respectively.
(29)
Tenth Schedule
(a) for the brackets, words and figures "Articles
102 (2) and 19 (2), the brackets, words and figures "Article 102
(2)" shall be substituted;
(b) in clause (a) of paragraph
1, words "or the Legislature Assembly or, as the case may be,
either House of the
Legislature of a State" shall be
omitted.
(c) in paragraph 2, -
(i) in sub paragraph (1), in
sub clause (ii) of clause (b) of the Explanation, the words and
figures "or, as the case may be, article 188" shall be
omitted;
(ii) in sub paragraph (3), the words and figures "or,
as the case may be, article 188" shall be omitted;
(iii) in
sub paragraph (4), the reference to the commencement of the
Constitution (Fifty second Amendment) Act, 1985 shall be construed as
a reference to the commencement of the Constitution (Application to
Jammu and Kashmir) Amendment Order, 1989;
(d) in paragraph 5,
the words "or the Chairman or the Deputy Chairman of the
Legislative Council of a State or the Speaker or the Deputy Speaker
of the Legislative Assembly of a State", shall be omitted;
(e)
in sub paragraph (2) of paragraph 6, the words and figures "or,
as the case may be, proceedings in the Legislature of a State within
the meaning of article 212" shall be omitted;
(f) in sub
paragraph (3) of paragraph 8, the words and figures "or, as the
case may be, article 194 ", shall be omitted.
Appendix
III Extracts from the Constitution (Forty-Fourth Amendment) Act,
1978
1.
Short title and commencement
(1) {...}
(2) It shall come
into force on such date as the Central Government may, by
notification in the Official Gazette appoint and different dates may
be appointed for different provisions of this Act.
2.
{...}
3.
Amendment of article 22 In article 22 of the Constitution,
(a)
for clause (4), the following clause shall be substituted,
namely:
"(4) No law providing for preventive detention
shall authorise the detention of a person for longer period than two
months unless an Advisory Board constituted in accordance with
recommendations of the Chief Justice of the appropriate High Court
has reported before the expiration of the said period of two months
that there is in its opinion sufficient cause for the
detention:
Provided that an Advisory Board shall consist of a
Chairman and not less than two members, and the Chairman shall be a
serving Judge or the appropriate High Court and the other members
shall be serving or retired judges of any High Court:
Provided
further that nothing in this clause shall authorise the detention of
any person beyond the maximum period prescribed by any law made in
Parliament under sub clause (a) of clause (7).
Explanation: In
this clause, "appropriate High Court" means, -
(i) in
the case of the detention of a person in pursuance of an order of
detention made by the Government of India or an officer or authority
subordinate to that Government, the High Court for the Union
territory of Delhi;
(ii) in the case of the detention of a
person in pursuance of an order of detention made by the Government
of any State (other than a Union territory), the High Court for the
State; and
(iii) in the case of the detention of a person in
pursuance of an order of detention made by the administrator of an
Union territory or an officer or authority subordinate to such
administrator, such High Court as may be specified by under any law
made in Parliament in this behalf.";
(b) in clause (7),
-
(i) sub clause (a) shall be omitted;
(ii) sub clause (b)
shall be relettered as sub clause (a); and
(iii) sub clause (c)
shall be re lettered as sub clause (b) and in a sub-clause as so re
lettered, for the words, brackets, letter and figure "sub clause
(a) of clause (4)", the word, brackets and figure "clause
(4)" shall be substituted.
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