| - Constitution (Application to Jammu and Kashmir) Order, 1950 in Constitution of India, 1950
Constitution (Application to Jammu and Kashmir) Order, 1950.
C.O.10
Datedthe 26th January, 1950
1 THECONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1950
Inexercise of the powers conferred by clause (1) of article 370 of theConstitution of India, the President, in consultation with the Government of theState of Jammu and Kashmir, is pleased to make the following Order, namely :--
1.(1) This Order may be called the Constitution (Application to Jammu and Kashmir)Order. 1950.
(2)It shall come into force at once.
2.For the purposes of sub-clause (b) (i) of clause (1) of article 370 of theConstitution, the matters specified in the First Schedule to this Order, beingmatters in the Union List, are hereby declared to correspond to mattersspecified in the Instrument of Accession governing the accession of the Stateof Jammu and Kashmir to the Dominion of India as the matter with regard to whichthe Dominion Legislature may make laws for that State; and accordingly, thepower of Parliament to make laws for that State shall be limited to the mattersspecified in the said First Schedule.
3.In addition to the provisions of article 1 and article 370 of the Constitution,the only other provisions of the Constitution which shall apply in relation tothe State of Jammu and Kashmir shall be those specified in the Second Scheduleto this Order, and shall so apply subject to the exceptions and modificationsspecified in the said Schedule 2 [and to the modification that allreferences in the said provisions to the Rajpramukh shall be construed asreferences to the Sadar-i-Riyasat of Jammu and Kashmir].
THEFIRST SCHEDULE
(Seeparagraph 2)
[Note.--Thenumber of each entry in this Schedule is the number of the corresponding entryin the Union List.]
1.Defence of India and every part thereof including preparation for defence.
2.Naval, Military and air forces; and other armed forces of the Union.
3.Delimitation of cantonment areas, local self-government in such areas, theconstitution and powers within such areas of cantonment authorities and theregulation of house accommodation (including the control of rents) in suchareas.
4.Naval, military and air force works.
5.Arms, firearms, ammunition and explosives.
6.Atomic energy for the purpose of defence and mineral resources necessary forits production.
9.Preventive detention for reasons connected with Defence, Foreign Affairs or thesecurity of India.
10.Foreign Affairs; all matters which bring the Union into relation with anyforeign country.
11.Diplomatic, consular and trade representation.
12.United Nations Organisation.
13.Participation in international conferences, associations and other bodies andimplementing of decisions made thereat.
14.Entering into treaties and agreements with foreign countries, and implementingof treaties, agreements and conventions with foreign countries.
15.War and peace.
16.Foreign jurisdiction.
17.Naturalisation and aliens.
18.Extradition.
19.Admission into, and emigration and expulsion from, India ; passpcrts and visas.
20.Pilgrimages to places outside India.
21.Piracies and crimes committed on the high seas or in the air, offences againstthe law of nations committed on land or on the high seas or in the air.
22.Railways, but as respects any railway owned by the State of Jammu and Kashmir,and either operated by that State or operated on its behalf otherwise than inaccordance with a contract with the State by the Government of India, limited tothe regulation thereof in respect, of safety, maximum and minimum rates andfares, station and service terminal charges, inter-change of traffic and theresponsibility of the railway administration as carriers of goods andpasseners, and as respects any railway which is wholly situate within the Stateand does not form a continuous line of communication with a railway owned by theGovernment of India, whether of the same gauge or not, limited to the regulationthereof in respect of safety and the responsibility of the railwayadministration as carriers of goods and passengers.
25.Maritime shipping and navigation, including shipping and navigation on tidalwaters; provision of education and training for the mercantile marine andregulation of such education and training provided by States and otheragencies,
26.Lighthouses, including lightships, beacons and other provision for the safetyof shipping and aircraft.
27.Ports declared by or under law made by Parliament or existing law to be majorports, including their delimitation, and the constitution and powers of portauthorities therein.
28.Port quarantine, including hospitals connected therewith ; seamen's and marinehospitals.
29.Airways ; aircraft and air navigation ; provision of aerodromes ; regulationand organisation of air traffic and of aerodromes ; provision for aeronauticaleducation and training and regulation of such education and training provided byStates and other agencies.
30.Carriage of passengers and goods by railway, sea or air.
31.Posts and telegraphs, telephones, wireless, broadcasting and other like forms ofcommunication.
41.Trade and commerce with foreign countries.
72.Elections to Parliament, and the offices of President and Vice-President ; theElection Commission.
73.Salaries and allowances of members of Parliament, the Chairman and of theHouse of the People.
74.Powers, privileges and immunities of each House of Parliament and of themembers and the committees of each House ; enforcement of attendance ofpersons for giving evidence or producing documents before committees ofParliament or commissions appointed by Parliament.
75.Salaries and allowances of the Ministers for the Union ; the salaries,allowances, and rights in respect of leave of absence and other conditions ofservice of the Comptroller and Auditor-General.
76.Audit of the accounts of the Union.
77.Constitution and organisation of the Supreme Court, and the fees taken therein ;persons entitled to practise before the Supreme Court,
80,Extension of the powers and jurisdiction of members of a police force belongingto any State to railway areas outside that State.
93.Offences against laws with respect to any of the matters aforesaid.
94.Inquiries and statistics for the purpose of any of the matters aforesaid.
95.Jurisdiction and powers of all courts, except the Supreme Court, with respect toany of the matters aforesaid, but, except with the consent of the StateGovernment, not so as to confer any jurisdiction or powers upon any courts otherthan courts ordinarily exercising jurisdiction in, or in relation to, the State; admiralty jurisdiction,
96.Fees in respect of any of the matters aforesaid, but not including fees takenin any court.
THESECOND SCHEDULE
(Seeparagraph 3)
| Provisions of the Constitution applicable | Exceptions | Modifications |
| Part V | Articles 72(1)(c), 72(3), 133, 134, 135, 136, 138, 145(1)(c) and 151(2). | (1) Articles 80 and 81 shall apply subject to the modification that the representatives of the State in the Council of States and the House of. the People, respectively, shall be chosen by the President in consultation with the Government of the State, |
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| 3 (1A) Articles 54 and 55 shall apply subject to the modifications-- | (a) that the references therein to the elected members of both Houses of Parliament and to each elected member of either House of Parliament shall be deemed to include, respectively, a reference to the representatives of the State in those Houses and to each such representative, |
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| (b) that the references to the elected members of the Legislative Assemblies of the States and to each such elected member shall be deemed to include, respectively, a reference to. the. members of the Constituent Assembly of the State and to each such member, and |
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| (c) that the population of the State shall be deemed to be forty-four lakhs and ten thousand. |
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| (2) Articles 149 and 150 shall apply subject to the modification that the references therein to the State shall be construed as not including the State of Jammu and Kashmir. - |
| Part XI | Articles 247 to 252, clauses (3) and (4) of article 257 and articles 260, 262 and 263. | (1) Clause (1) of article 246 shall apply subject to the provisions, of paragraph (2) of this Order and clauses (2) and (3) of article 246 shall not apply in relation to the State. |
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| (2) Clause (1) of article 259 shall, apply subject to the modification that after the, words "until Parliament by law otherwise provides", the words "and the concurrence of the State to such law has been obtained" shall be deemed to be inserted. |
| Part XII | Articles 264 and 265, clause (2) of article 267, articles 268 to 281, clause (2) of article 283, articles 286 to 291, 293, 295, 296, and 297. | (1) Article 266 shall apply only in so far as it relates to the Consolidated Fund of India and the public account of India. |
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| (2) Articles 282 and 284 shall apply only in so far as they relate to the Union or the public account of India.(3) Articles 298, 299 and 300 shall apply only in so far as they relate to the Union or the Government of India. |
| Part XV | Articles 325 to 329 | Article 324 shall apply only in so far as it relates to elections to Parliament and to the offices of the President and Vice-President. |
| Part XVI | Articles, 332, 333 and 337 to 342. | (1) Article 330 shall apply only in so far as it relates to seats reserved for Scheduled Castes. |
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| (2) Article 334 shall apply only in so far as it relates to the House of the People. |
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| (3) Article 335 shall apply only in so far as it relates to the Union. |
| Part XVII | Nil | The provisions of this Part shall applv only in so far as they relate to the official language of the Union and to proceedings in the SupremeCourt. |
| Part XIX | Articles 362, 363 4 [and 365 and clause (21) of article 366.] | (1) Article 361 shall apply only in so far as it relates to the President. |
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| (2) Article 364 shall apply only in so far as it relates to the laws made by Parliament. |
| Part XX | Nil | Article 368 shall apply subject to the additional proviso: |
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| "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." |
| Part XXI | Articles 369, 371 and 373, clause (4) of article 374, articles 5 [376, 378 and 386] and clause (2) of article 388. | (1) In clause (3) of article 37 after the words "Minister for any such State", the words "other than the State of Jammu and Kashmir"shall be deemed to be inserted. |
| (2) Article 389 shall apply only in so far as it relates to Bills pending in the Dominion Legislature. | ||
| (3) Article 390 shall apply only in so far as it relates to the Consolidated | ||
| Fund of India. | ||
| Pan XXII | Nil | Nil. |
| First Schedule | Nil | Nil. |
| Second Schedule | Paragraph 6 | Nil. |
| Third Schedule | Forms V, VI, VII and VIII | Nil. |
| Fourth Schedule | Nil | Nil. |
| Eighth Schedule | Nil | Nil. |
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1. Thisorder was superseded by C. O. 48, Infra.
2.Added by C.O. 43.
3.Inserted by C.O. 39.
4.Inserted by C.O. 43.
5.Substituted by C.O. 43, for "376 and 378".