Constitution 370 — Temporary provisions with respect to the State of Jammu and Kashmir

The Constitution of India, 1950

Statutory text

(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 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 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;
(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 to 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 clause (2) of Legislative
Assembly of the State shall be necessary before the President issues such a
notification.

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