Wednesday, April 24, 2013

Article 370 of the Constitution of India (Temporary provisions with respect of the State of Jammu and Kashmir)


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 purpose of this article, the Article 370 of the Indian constitution, which is of a temporary
nature, grants special status to Jammu and Kashmir.

Text of Article 370

In view of its importance the text of the article 370 (Without
amendments) is reproduced below:

Article 370 of the Constitution of India (Temporary provisions with
respect of the State of Jammu and Kashmir)

1. Notwithstanding anything in this Constitution:

a. the provisions of article 238 shall not apply in relation to the
State of Jammu and Kashmir,
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 this 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 order specify

i. 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:

ii. 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 the 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 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 the
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 notify:
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.

4. In exercise of the powers conferred by this article the President,
on the recommendation of the Constituent Assembly of the State of
Jammu and Kashmir, declared that, as from the 17th day of November,
1952, the said art. 370 shall be operative with the modification that
for the explanation in cl.(1) thereof the following Explanation is
substituted namely:

Explanation—For the purpose of this Article, the Government of the
State means the person for the time being recognised by the President
on the recommendation of the Legislative Assembly of the State as the
*Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council
of Ministers of the State for the time being in office.

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