C.O. 48

Datedthe 14th May, 1954

THECONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954

Inexercise of the powers conferred by clause (1) of article 370 of theConstitution, the President, with the concurrence of the Government of the Stateof Jammu and Kashmir, is pleased to make the following Order :--

1.(1) This Order may be called the Constitution (Application to Jammu and Kashmir)Order, 1954.

(2)It shall come into force on the fourteenth day of May, 1954, and shallthereupon, supersede the Constitution (Application, to Jammu and Kashmir) Order,1950¹ .

2.The provisions of the Constitution which, in addition to article 1 and article370, shall apply in relation to the State of Jammu and Kashmir and theexceptions and modifications subject to which they shall so apply shall be asfollows :--

(1)THE PREAMBLE

(2)PART I

Toarticle 3, there shall be added the following further proviso,namely :--

"Providedfurther that no Bill providing for increasing or diminishing the area of theState of Jammu and Kashmir or altering the name or boundary of that State shallbe introduced in Parliament without the consent of the Legislature df thatState."

(3)PART II

(a)This Part shall be deemed to have been applicable in relation to the State ofJammu and Kashmir as from the 26th day of January, 1950.

(b)To article 7, there shall be added the following further proviso, namely :--

"Providedfurther that nothing in this article shall apply to a permanent resident of theState of Jammu and Kashmir who, after having so migrated to the territory nowincluded in Pakistan, returns to the territory of that State under a permitfor resettlement in that State or permanent return issued by or under theauthority of any law made by the Legislature of that State, and every suchperson shall be deemed to be a citizen of India."

(4)PART III

(a)In article 13, references to the commencement of the Constitution shall beconstrued as references to the commencement of this Order,

(b)In clause (4) of article 15, the reference to Scheduled Tribes shall be omitted.

(c)In clause (3) of article 16, the reference to the State shall be construed asnot including a reference to the State of Jammu and Kashmir.

(d)In article 19, for a period of five years from the commencement of this Order:--

(i)in clauses (3) and (4) after the words "in the interests of" the words"the security of the State or" shall be inserted ;

(ii)in clause (5), for the words "or for the protection of the interests of anyScheduled Tribe" the words "or in the interests of the security of theState" shall be substituted ; and

(iii)the following new clause shall be added, namely :--

"(7)The words "reasonable restrictions" occurring in clauses (2), (3), (4) and(5) shall be construed as meaning such restrictions as the appropriateLegislature deems reasonable."

(e)In clauses (4) and (7) of article 22, for the word "Parliament" , the words"the Legislature of the State" shall be substituted.

(f)In article 31, clauses (3), (4) and (6) shall be omitted ; and for clause (5),there shall be substituted the following clause, namely :--

"(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 ofdanger to life orproperty ; or

(iii)with respect to property declared by law to be evacueeproperty."

(g)In article 31A, the proviso to clause (1) shall te omitted ; and for sub-clause(a) of clause (2), the following sub-clause shall be substituted, namely :--

(a)"estate" shall mean land which is occupied or has been let for agriculturalpurposes or for purposes subservient to agriculture, or for pasture, andincludes--

(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 notinclude--

(i)the site of any building in any Town, or town area or village abadi or any landappurtenant 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 orcantonment or town area or any area for which a town planning scheme is sanctioned.'

(h)In article 32, clause (3) shall be omitted ; and after clause (2), the followingnew clause shall be inserted, namely :--

"(2A)Without prejudice to the powers conferred by clauses (1) and (2), the High Courtshall have power throughout the territories in relation to which it exercisesjurisdiction to issue to any person or authority, including in appropriate casesany Government within those territories, directions or orders or writs,including writs in the nature of habeas corpus, mandamus, prohibition, quowarranto and certiorari, or any of them, for the enforcement of any of therights conferred by this Part".

(i)In article 35--

(i)references to the commencement of the Constitution shall be construed asreferences to the commencement of this Order ;

(ii)in clause (a) (i), the words, figures and brackets "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 Stateof Jammu and Kashmir, whether before or after the commencement of the Constitution(Application to Jammu and Kashmir) Order, 1954, shall be void on the ground thatit is inconsistent with any of the provisions of this Part, but any such lawshall, to the extent of such inconsistency, cease to have effect on theexpiration of five years from the commencement of the said Order, except asrespects things'done or omitted to be done before the expiration thereof."

(j)After article 35, the following new article shall be added,namely :--

"35A.Saving of laws with respect to permanent residents and theirrights.--Notwithstanding anything contained in this Constitution, no existinglaw in force in the State of Jammu and Kashmir, and no law hereafter enacted bythe Legislature of the State,--

(a)defining the classes of persons who are, or shall be, permanent residents ofthe State of Jammu and Kashmir ; or

(b)conferring on such permanent residents any special rights and privileges orimposing upon other persons any restrictions as respects--

(i)employment under the State Government ;

(ii)acquisition of immoveable property in the State ;

(iii)settlement in the State ; or

(iv)right to scholarships and such other forms of aid as the State Government mayprovide,

shallbe void on the ground that it is inconsistent with or takes away or abridges anyrights conferred on the other citizens of India by any provisions of thisPart."

(5)PART V

(a)In articles 54 and 55, references to the elected members of the House of thePeople and to each such member shall include references to the representativesof the State of Jammu and Kashmir in that House ; and the population of theState shall be deemed to be forty-four lakhs and ten thousand.

(b)In the proviso to clause (1) of article 73, the words, "or in any law made byParliament" shall be omitted.

(c)Article 81 shall apply subject to the modification that the representatives ofthe State in the House of the People shall be appointed by the President onthe recommendation of the Legislature of the State.

(d)In article 134, clause (2), after the words "Parliament may" the words "onthe request of the Legislature of the State" shall be inserted.

(e)Articles 135,136 and 139 shall be omitted.

(f)In articles. 149 and 150, references to the States shall be construed as notincluding the State of Jammu and Kashmir.

(g)In article 151, clause (2) shall be omitted.

(6)PART XI

(a)In article 246, the words, brackets and figures "Notwithstanding anything inclauses (2) and (3)" occurring in clause (1), and clauses (2), (3) and (4)shall be omitted,

(b)Articles 248 and 249 shall be omitted.

(c)In articly 250, for the words "to any of the matters enumerated in the StateList", the words "also to matters not enumerated in the Union List" shallbe substituted.

(d)In article 251, for the words and figures, "articles 249 and250" , the wordand figures, "article 250" shall be substituted, andthe words "under thisConstitution" shall be omitted ; and, for thewords "under either of the saidarticles" , the words "under thesaid article" shall be substituted.

(e)To article 253, the following proviso shall be added, namely:-- "Provided thatafter the commencement of the Constitution (Application to Jammu and Kashmir)Order, 1954, no de-cision affecting the disposition of the State of Jammu andKashmir shall be made by the Government of India without the consent of theGovernment of that State."

(f)In article 254, the words, brackets and figure "or to any provision of anexisting, law with respect to one of the matters enumerated in the ConcurrentList, then, subject to the provisions of clause(2)" and the words "or as thecase may be, the existing law" , occurring in clause (1), and the whole ofclause (2) shall be omitted.

(g)Article 255 shall be omitted.

(h)Article 256 shall be renumbered as clause (1) of that article, and the followingnew clause shall be added thereto, namely :--

"(2)The State of Jammu and Kashmir shall so exercise its executive power as tofacilitate the discharge by the Union of its duties and responsibilities underthe Constitution in relation to that State ; and in particular, the said Stateshall, if so required by the Union, acquire or requisition, property on. behalfand at the expense of the Union, or if the property belongs to the State,transfer it to the Union on such terms as may be agreed, or in default ofagreement, as may be determined by an arbitrator appointed by the Chief Justiceof India."

(i)Article 259 shall be omitted.

(j)In clause. (2) of article 261, the words "made by Parliament" shall beomitted.

(7)PART XII

(a)Clause (2) of article 267, article 273, clause (2) of article 283, articles 290and 291 shall be omitted.

(b)In articles 266, 282, 284, 298, 299 and 300, references to the State or Statesshall be construed as not including references to the State of Jammu andKashmir.

(c)In articles 277 and 295, references to the commencement of the Constitutionshall be construed as references to the commencement of this Order.

(8)PART XIII

(a)In clause (1) of article 303, the words "by virtue of any entry relating totrade and commerce in any of the Lists in the Seventh Schedule" shall beomitted.

(b)In article 306, references to the commencement of the Constitution shall beconstrued as references to the commencement of this Order.

(9)PART XIV

Inarticle 308, after the words "First Schedule", the words "other than theState of Jammu and Kashmir" shall be added.

(10)PART XV

(a)Article 324 shall apply only in so far as it relates to elections to Parliamentand to the offices of President and Vice-President.

(b)Articles 325, 326, 327, 328 and 329 shall be omitted.

(11)PART XVI

(a)In, article 330, references to the "Scheduled Tribes" shall be omitted.

(b)Articles 331, 332, 333, 336, 337, 339 and 342 shall be omitted.

(c)In articles 334 and 335, references to the State or the States shall beconstrued as not including references to the State of Jammu and Kashmir.

(12)PART XVII

Theprovisions of this 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, orbetween 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 :--

"(4)No Proclamation of Emergency made on grounds only of internal disturbance orimminent danger thereof shall have effect in relation to the State of Jammu andKashmir (except as respects article 354) unless it is made at the request orwith the concurrence of the Government of that State."

(b)Articles 356, 357 and 360 shall be omitted.

(14)PART XIX.

(a)In article 361, after clause (4), the following clause shall be added, namely:--

"(5)The provisions of this article shall apply in relation to the Sadar-i-Riyasat ofJammu and Kashmir as they apply in relation to a Rajpramukh, but withoutprejudice to the provisions of the Constitution of that State."

(b)Articles 362 and 365 shall be omitted.

(c)In article 366, clause (21) shall be omitted.

(d)to article 367, there shall be added the following clause,namely :--

"(4)For the purposes of this Constitution as it applies in relation to the Stateof Jammu and Kashmir--

(a)references to this Constitution or to the provisions thereof shall be construedas references to the Constitution or The provisions thereof as applied inrelation to the said State ;

(b)references to the Government of the said State shall be construed as includingreferences to the Sadar-i-Riyasat acting on the advice of his Council ofMinisters ;

(c)references to a High Court shall include references to the High Court of Jammuand Kashmir ;

(d)references to the Legislature or the Legislative Assembly of the said Stateshall be construed as including references to the Constituent Assembly of thesaid State ;

(e)references to the permanent residents of the said State shall be construed asmeaning persons who, before the commencement of the Constitution (Application toJammu and Kashmir) Order, 1954, were recognised as State subjects under the lawsin force in the State or who are recognised by any law made by the Legislatureof the State as permanent residents of the State ; and

(f)references to the Rajpramukh shall be construed as references to the personfor the time being recognised by the President as the Sadar-I-Riyasat of Jammuand Kashmir and as including references to any person for the time beingrecognised by the President as being competent to exercise the powers of theSadar-i-Riyasat."

(15)PART XX

Toarticle 368, the following proviso shall be added, namely :--

"Providedfurther that no such amendment shall have effect in relation to the State ofJammu and Kashmir unless applied by order of the President under clause (1) ofarticle 370".

(16)PART XXI

(a)Articles 369, 371, 373, clauses (1), (2), (3) and (5) of article 374 andarticles 376 to 392 shall be omitted.

(b)In article 372--

(i)clauses (2) and (3) shall be omitted,

(ii)references to the laws in force in the territory of India shall includereferences to hidayats, ailans, ishtihars, circulars, robkars, irshads, yadashts,State Council Resolutions, Resolutions of the Constituent Assembly, and otherinstruments having the force of law in the territory of the State of Jammu andKashmir ; and

(iii)references to the commencement of the Constitution shall be construed asreferences to the commencement of this Order.

(c)in clause (4) of article 374, the reference to the authority functioning asthe Privy Council of a State shall be construed as a reference to the AdvisoryBoard constituted under the Jammu and Kashmir Constitution Act, 1996, andreferences to the commencement of the Constitution shall be construed asreferences to the commencement of this Order.

(17)PART XXII

Articles394 and 395 shall be omitted.

(18)FIRST SCHEDULE.

(19)SECOND SCHEDULE

Paragraph6 shall be omitted.

(20)THIRD SCHEDULE.

FormsV, VI, VII and VIII shall be omitted.

(21)FOURTH SCHEDULE

(22)SEVENTH SCHEDULE

(a)In the Union List--

(i)for entry 3, the entry "3. Administration of cantonments"

shallbe substituted ;

(ii)entries 8, 9, 33 and 34, the words "trading corporations including" inentry 43, entries 44, 50, 52, 54, 55, 60, 67, 69, 78 and 79, the words"inter-State migration" in entry 81, and entry 97 shall be omitted ;

(iii)for entry 53, the entry "53. Petroleum and Petroleum Produces, but excludingthe regulation and development of oilfields and mineral oil resources ; otherliquids and substances declared by Parliament by law to be dangerouslyinflammable" shall be substituted ; and

(iv)in entries 72 and 76, the reference to the States shall be construed as notincluding a reference to the State of Jammu and Kashmir.

(b)The State List and the Concurrent List shall be omitted.

(23)EIGHTH SCHEDULE

(24)NINTH SCHEDULE

Afterentry 13, the following entries shall be added, namely :--

"14.The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of 2007).

15.The Jammu and Kashmir Restitution of Mortgaged Properties Act (No. XVI of2006).

16.The Jammu and Kashmir Tenancy Act (No. II of 1980).

17.The Jammu and Kashmir Distressed Debtors Relief Act (No. XXVII of 2006).

18.The Jammu and Kashmir Alienation of Land Act (No. V of 1995).

19.Order No. 6-H of 1951, dated 10th March 1951 regarding Resumption of Jagirsand other assignments of Land Revenue, etc.

20.The Jammu and Kashmir State Kuth Act (No. I of 1978).

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1.C. O. 10, supra.