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Report of the Drafting Committee

Legal Document No 138

In pursuance of the directives contained in the Reports of the Basic Principles Committee and the Advisory Committee on Fundamental Rights and Citizenship, as adopted by the House on 6th February, 1954, the Drafting Committee has considered the question as to how best to give effect to the recommendations embodied in these Reports. The task which the Committee has to discharge requires action in the following directions:

l. Preparation of the Draft Constitution of the State.

2. Defining the sphere of Union Jurisdiction in the State and for that purpose suggesting the various provisions of the Constitution of India along with modifications and exceptions subject to which these provisions should apply to the State. These would include appropriate modifications and exceptions in Part II (Citizenship) and Part III (Fundamental Rights) in their application to the State of Jammu and Kashmir in the light of the recommendations contained in the report of the Advisory Committee on Citizenship and Fundamental Rights.

3. Consequential amendments in the Jammu and Kashmir Constitution Act, 1996.

As for the preparation of the Draft Constitution for the State the Committee feels that in view of the importance and magnitude of the work involved, adequate time will be needed for the completion of this task and accordingly recommends that the same may be allowed.

The Annexure to this Report while reflecting the desire of the House for the ratification of the accession of the State with the Union of India, indicates in detail the provisions of the Constitution of India which generally correspond to Defence, Foreign Affairs and Communications and such other matters as are considered essential concomitants of the fact of accession. In accordance with the directions contained in the two reports, referred to above, the Committee has eudeavoured to clearly demarcate the sphere of Union Jurisdiction keeping intact all along the residual powers of the State. While doing so the Committee has further provided adequate safe-guards for preserving the basic policies of the State in respect of the land-reforms and the interests of the permanent residents of the State.

A bill for the purpose of making consequential amend-ments in the Jammu and Kashmir Constitution Act, 1996, in the light of the Reports referred to in the opening paragraph of this Reports will be drafted and presented to the House in due course.

Dated: 11th February, 1954.

   (Sd.) G.L. Dogra 
   (,,)    Mir Qasim
   (,,)    D. P. Dhar 
   (,,)    Ghulam Rasul Renzu 
   (,,)    Harbans Singh Azad 
   Members Drafting Committee.

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