Resolution of the Constituent Assembly 
pertaining to the Head of the State, 1952

Legal Document No 127

RESOLUTION

Whereas this Assembly adopted the recommendations contained in the Interim Report of the Basic Principles Committee presented on the 10th of the June, 1952;

And whereas by its resolution, dated the 12th June 1952, this Assembly directed that the recommendations so adopted be implemented and for that purpose charged the Drafting Committee to submit appropriate proposals;

Now, therefore, in pursuance of the resolution dated the 12th June, 1952, and having considered the report of the Drafting Committee, this Assembly resolves:

1. (i) that the Head of the State shall be the person recognised by the President of the Union on the recommendations of the Legislative Assembly of the State;

(ii) he shall hold office during the pleasure of the President;

(iii) he may, by Writing under his hand, addressed to President, resign his office;

subject to the foregoing provisions, the Head of the State shall hold office for a term of five years from the date he enters upon his office.

Provided that he shall notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office;

that the recommendation of Legislative Assembly of the State in respect of the recognition of the Head of the State specified in sub-pare (i) of paragraph I shall be made by election;

that the method of election to, qualifications for and all other matters pertaining to the office of the Head of the State shall be prescribed, in the Constitution, and until these are so prescribed, shall be as set out in the rules contained in the schedule annexed to this resolution;

4. that the Head of the State shall be designated as the Sadar-i-Riyasat;

5. that the Sadar-i-Riyasat shall be entitled to such emoluments, allowances and privileges as may be prescribed in the Constitution and pending the framing of the Constitution to such emoluments, allowances and privileges as may be decided by this Assembly by separate resolution;

6. that the Sadar-i-Riyasat shall exercise such powers and perform such functions as may be prescribed in the Constitution to be framed by this Constituent Assembly, and until such Constitution is framed, he shall exercise such powers and perform such functions as have hitherto been exercised by His Highness under the Jammu and Kashmir Constitution Act 1996, as amend-ed by Act No. XVII of 2008;

7. that in the event of the occurrence of a casual vacancy in the office of the Sadar-i-Riyasat by reason of his death, resignation or otherwise, the powers and functions exercisable by the Sadar-i-Riyasat shall until the assumption of office by the newly elected Sadar-i-Riyasat in accordance with the procedure laid down in this resolution, be exercised and performed by the person recommended by tile State Government for recognition as Officiating Sadar-i-Riyasat to the President of India; and

8. that this Assembly shall in due course provide a suitable remedy in respect of violation of the Constitution or gross misconduct by the person for the time being holding the office of the Sadar-i-Riyasat.

This Assembly further resolves:

that the Prime Minister of Jammu and Kashmir State is authorized to communicate a copy of this resolution to the Government of India for favour of appropriate action to enable its being given effect to.