TMI BlogTHE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954X X X X Extracts X X X X X X X X Extracts X X X X ..... on 2 of the Constitution (Thirty-first Amendment) Act, 1973, section 2 of the Constitution (Thirty-third Amendment) Act, 1974, sections 2, 5, 6 and 7 of the Constitution (Thirty eighth Amendment) Act, 1975, the Constitution (Thirty-ninth Amendment) Act, 1975, the Constitution (Fortieth Amendment) Act, 1976, sections 2, 3 and 6 of the Constitution (Fifty-second Amendment) Act, 1985 and the Constitution (Sixty-first Amendment) Act, 1988 which, in addition to article 1 and article 370, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:—] (1) THE PREAMBLE. (2) PART I. To article 3, there shall be added the following further proviso, namely:— "Provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State.". (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) To article 7, there shall be added the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... includes— (i) sites of buildings and other structures 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, 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 building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned.'. 6 [(h) In article 32, clause (3) shall be omitted.] (i) In article 35— (i) references to the commencement of the Constitution shall be construed as references to the commencement of this Order; (ii) in clause (a) (i), the words, brackets and figures "clause (3) of article 16, clause (3) of article 32" shall be omitted; and (iii) after clause (b), the following clause shall be added, namely:— "(c) no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... people;] 21 [(aa)] 22 [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, the 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.". 23 [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 chemicals or any other substances (whether biological or otherwise) of a hazardous nature.] 24 [(bb) In article 249, in clause (1), for the words "any matter enumerated in the State List specified in the resolution", the words "any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List" shall be substituted.]] (c) In article 250, for the words "to any of the matters enu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29, the reference to a State shall be construed as not including a reference to the State of Jammu and Kashmir. (c) Article 328 shall be omitted. (d) In article 329, the words and figures "or article 328" shall be omitted.]] 37 [(e) In article 329A, clauses (4) and (5) shall be omitted. (11) PART XVI. 38 * * * * * 39 [(a)] Articles 331, 332, 333, 40 [336 and 337] shall be omitted. 39 [(b)] In 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. 41 [(c) In clause (1) of article 339, the words "the administration of the Scheduled Areas and" shall be omitted.] (12) PART XVII. The provisions of the Part shall apply only in so far as they relate to— (i) the official language of the Union; (ii) the official language for communication between one State and another, or between a State and the Union; and (iii) the language of the proceedings in the Supreme Court. (13) PART XVIII. (a) To article 352, the following new clause shall be added, namely:— " 42 [(6)] No Proclamation of Emergency made on grounds only of internal disturbance or imminent danger thereof shall have effect in relation to the State of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued as meaning persons who, before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 were recognised as State subjects under the 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 55 [(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 the powers of the Sadar-i-Riyasat.]". (15) PART XX. 56 [(a)] 57 [To clause (2) of article 368], the following proviso shall be added, 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.". 58 [(b) After clause (3) of article 368, the following clause shall be added, namely:— "(4) No law made by the Legislature of the State of Jammu and Kashmir seeking t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition 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; (b) in relation to other matters, as not including a reference to that State]; 69 [and] 70 [(iv) for entry 97, the following entry shall be substituted, namely:— " 71 [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 articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly:— 84 64A. The Jammu and Kashmir State Kuth Act (No. I of Svt. 1978). 84 [64B.] The Jammu and Kashmir Tenancy Act (No. II of Svt. 1980). 84 [64C.] The Jammu and Kashmir Alienation of Land Act (No. V of Svt. 1995). 85 * * * * * 86 [64D]. The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of Svt. 2007). 86 [64E]. Order No. 6-H of 1951, dated the 10th March, 1951, regarding Resumption of Jagirs and other assignments of land revenue, etc. 87 [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). 88 [(b) Entries 87 to 124, inserted by the Constitution (Thirty-ninth Amendment) Act, 1975, shall be renumbered as entries 65 to 102 respectively.] 89 [(c) Entries 125 to 188 shall be renumbered as entries 103 to 166 respectively.] 90 [(25) TENTH SCHEDULE. (a) for the brackets, words and figures "Articles 102(2) and 191(2)", the brackets, word and figures "[Article 102(2)]" shall be substituted; (b) in clause (a) of paragraph 1, the words "or the Legislative Assembly or, as the case may be, either House of the Legislature of a State" shall be omitted; (c) in paragraph 2,— ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted by C.O. 56. 29. Cl. (j) relettered as cl. (i) by C.O. 56 and again relettered as cl. (h) by C.O. 66. 30. Cls. (a) and (b) inserted by C.O. 55 have been omitted by C.O. 56. 31. Cls. (a), (b) and (c) [relettered as cls. (c), (d) and (e) respectively by C.O. 55] have again been relettered as cls. (a), (b) and (c) respectively by C.O. 56. 32. Subs. by C.O. 94, for "articles 290 and 291". 33. Brackets and letter '(a)' and cl. (b) omitted by C.O. 56. 34. Subs., ibid., for the previous modification. 35. Subs. by C.O. 60, for sub-paragraph (10) (w.e.f. 26-1-1960). 36. Subs. by C.O. 75 for cls. (b) and (c). 37. Ins. by C.O. 105. 38. Cl. (a) omitted by C.O. 124. 39. CIs. (b) and (c) relettered as cls. (a) and (b), ibid. 40. Subs., ibid., for "336, 337, 339 and 342". 41. Ins., ibid. 42. Subs. by C.O. 104, for "(4)". 43. Subs. by C.O. 100, for certain words. 44. Subs. by C.O. 71, for cl. (b). 45. Added by C.O. 151. 46. Subs. by C.O. 162 for "six years". 47. Cl. (a) omitted by C.O. 74. 48. Cls. (b) and (c) relettered as cls. (a) and (b), ibid. 49. Subs. by C.O. 94, for "Articles 362 and 365". 50. Original cl. (c) omitted by C.O. 56. 51. Cls. (b) and (c) relettered as cls. (a) and (b) by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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