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ARTICLE 370 OF THE INDIAN CONSTITUTION
Temporary provisions with
respect to 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;
-
(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 Govermnent 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 far 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;
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(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 order specify:
-
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 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.
In exercise of the powers conferred by Article
370 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 Article 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 recognized
by the President on the recommendation of the Legislative Assembly of the
State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir,
acting on the advice of the Council of Ministers of the State for the time
being in office."
(Ministry of Law order No. C. O. dated 15th Nov.
1952.)
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