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TMI BlogRE-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 KASHMIRX X X X Extracts X X X X X X X X Extracts X X X X ..... in clause 2 of the said Order.] (1) THE PREAMBLE. (a) In the first paragraph, omit "SOCIALIST SECULAR"; (b) in the 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 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."; (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 that territory of that State under a permit for 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 Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall affect any such law as is referred to in clause (2). ** ** * (5) Nothing in clause 2 shall affect— (a) the provisions of any existing law; or (b) the provisions 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 14, 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 structures on such land; (ii) trees standing on such land; (iii) forest land and wooded waste; (iv) area covered by or fields floating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 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 convenie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt has refused to give such 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 judgment, 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, the 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 respectiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny 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, 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. 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.'. (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) Art ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, be construed as a 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 one State and another, or between a State and the Union; and (iii) The language of the proceedings in the Supreme Court. (19) PART XVIII. (a) For article 352, substi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 grounds only of internal disturbance or imminent danger thereof shall have effect in relation to the State of Jammu and Kashmir (except as respects 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 this Constitution shall, in relation to the State of Jammu and Kashmir, be construed as including references to provisions or provision of the Constitution of Jammu and Kashmir; (B) in clause (4),— (i) for the opening portion, substitute the following, namely:— "A Proclamation so approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 article 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 to 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 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 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 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." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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