Article 370 of the Constitution of
India
{ 370. Temporary provisions with
respect of the State of Jammu and Kashmir }
- Notwithstanding anything in this Constitution:
- the provisions of article 238 shall not apply in
relation to the State of Jammu and Kashmir,
- the power of Parliament to make laws for the said State
shall be limited to;
- 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
- such other matters in the said Lists, as, with the
concurrence of the Government of the State, the President may by order specify.
ExplanationFor the purpose 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
Maharajas Proclamation dated the fifth day of March, 1948;
- he provisions of article 1 and of this article shall apply
in relation to this State;
- 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 the Government.
- If the concurrence of the Government of the State referred
to in paragraph (ii) of sub-clause (b) of clause (1) or in 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.
- Notwithstanding anything in the foregoing provisions of the
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 notify:
Provided that the recommendation of the Constituent Assembly of the State referred to in
clause (2) shall be necessary before the President issues such a notification.
- In exercise of the powers conferred by this article the
President, on the recommendation of the Constituent Assembly of the State of Jammu and
Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be
operative with the modification that for the explanation in cl.(1) thereof the following
Explanation is substituted namely:
ExplanationFor the purpose of this Article, the Government of the State means 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 Council of Ministers of the State for the time being in office.
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