Legal Document No
THE CONSTITUTION OF THE STATE
Citizenship: Its Basic Rights and Obligations,
A single State Citizenship is hereby established for all citizens of Jammu,
Kashmir, Ladakh and the Frontier Regions, including the Poonch and Chinani
illaqas. The equality of the rights of all citizens, irrespective of their
nationality, religion, race, or birth, in all spheres of national life-economic,
political, cultural, and social shall...be an irrevocable law. Any direct
or indirect restriction of these rights, or conversely the establishment
of direct or indirect privileges for any citizens or class of citizens
on account of nationality, religion, race or birth, as well as the propagation
of national, racial or religious exceptionalism or hatred and contempt
shall - be punished by law.
Freedom of conscience and of worship shall be guaranteed for all citizens.
In conformity with the interests of the people, for the purpose of promoting
political awakening and strengthening the national resurgence, all Citizens
shall be guaranteed by law:
Freedom of speech
Freedom of the Press
Freedom of Assembly and Meetings
Freedom of Street Processions and Demonstrations
In conformity with the interests of the people and for the purpose of developing
self-expression through the organisation and political activity of the
masses of the people, all Citizens shall be ensured the right of combining
in public organizations: trade unions, co-operative societies, moments
and youth organizations, sport and self-defence organizations poetical
parties and cultural, scientific and technical societies.
Inviolability of the person shall be ensured to all Citizens. No Citizen
may be arrested or detained except by decision of a Court of Law, or by
the sanction of the Advocate General of State.
The privacy of the homes and secrecy of correspondence of Citizens shall
not be violated except in accordance with Law.
The defence of the Motherland is the supreme and sacred duty of all Citizens.
Treason to the Motherland violation of oath, desertion to enemies of the
Motherland, impairing the military power of the State, espionage shall
be punishable wit! the full severity of the Law as the gravest crime in
pursuance of this sacred task every Citizen is obliged to tram himself
to use and shall be ensured the right to bear arms. Universal compulsory
military service shall be established by law.
All Citizens have the right to work, that is, the right to receive guarantee
work with payment for their labour in accordance with its quantity and
equality subject to a basic minimum and maximum wage established by law.
In the absence of the provision of employment, Citizens are entitled to
security of the necessaries of decent existence for themselves and their
families by universal social insurance. The right to work shall be ensured
by the planning of national economy, by the advance of industrialization
of the country, by the steady growth of productive forces, and the simultaneous
raising of the standard of life of the people whereby economic crisis and
unemployment shall be eliminated.
All Citizens shall have the right to rest. This right shall be ensured
by the reduction of the working day to eight hours maximum, the establishment
of annual vacations with pay for workers and employees and the provision
of a wide net work of sanitariums, rest homes and clubs for the accommodation
of working people.
All Citizens shall have the right to material security in old age as well
as in the event of sickness and loss of capacity to work. The right shall
be ensured by the wide development of social insurance of workers and employees
at the expense of the State, free medical aid for workers and the provision
of wide network of health resorts for the use of working men and women.
All Citizens shall have the right to education. This right shall be ensured
by universal compulsory elementary education, free of charge. In addition
a wide system of States scholarships shall be provided for poor students
in the higher schools and universities. The mother-tongue shall be the
medium of instruction. Free vocational technical and agronomic education
shall be organized for adult workers in the fields and factories.
Women citizens shall be accorded equal rights with men in all fields of
national life: economic, cultural, political, and in the state services.
These rights shall be realized by affording women the right to work in
every employment upon equal terms and for equal wanes with men. Women shall
be ensured rest, social insurance and education equally with men. The law
shall give special protection to the interests of mother and child. The
provision of pregnancy leave with pay and the establishment of a wide network
of maternity homes, nurseries and kinder gardens shall further secure these
All children born in the State shall ensured equality of opportunity irrespective
of accidents of birth and parentage. The State shall watch and protect
our children as the greatest wealth the world possesses. In all questions
of administration or legislation, medical, educational, domestic, municipal
or industrial, the interests of the child shall be the paramount consideration.
All Citizens shall be secured protection by the laws and recourse to the
courts through an administration of justice which shall be quick, cheap
and impartial. This right shall be ensured by the elective character and
the independence of the judiciary; by the independence of the office of
the Advocate General and State Advocates; by the provisions of People's
Courts and Tehsil Courts to decide the majority of cases locally; by the
use of the local language in Court proceedings; by the certainty, and codification
of laws; by the equality of all Citizens before the law.
The right of personal property of Citizens, as well as the right of inheritance
of personal property of Citizens, is protected by law within the limits
of the planned economy of the State. No person shall own immovable property
in the State who does not fulfill a productive role inside the State in
accordance with the National Economic Plan. This shall not operate to divest
a pensioner or infirm person property legitimately acquired by him during
his working life.
Work in the State of Jammu and Kashmir shall be an obligation and a matter
of honour to all citizens capable of work.
The State of Jammu and Kashmir grants the right of asylum to foreign citizens
persecuted for defending the interests of the masses, for their scientific
activity, or for their struggle for national liberation.
Every citizen of the State is obliged to observe the Constitution of the
State, to carry out the laws, to observe labour discipline, to honestly
fulfill social duties, and to respect the rules of the community.
THE NATIONAL ASSEMBLY
The highest legislature of the State, the National Assembly, is elected
by Citizens of the State by electoral districts on the basis of one deputy
per 40,000 population, for a period of five years. The National Assembly
shall elect its own Speaker and Officers and shall determine its own procedure.
A law shall be considered adopted by the National Assembly if approved
by a simple majority vote and if it receives the Ruler's assent. Laws adopted
by the National Assembly shall be published in the Urdu language, as well
as the language of the nationalities of the State over the signatures of
the Ruler and the Speaker of the Assembly. The National Assembly elects
a Credentials' Commission which verifies the credentials of Deputies of
A Deputy of the National Assembly shall not be prosecuted or arrested without
the consent of the National Assembly, and in the period when the National
Assembly is not in session, without the consent of the Speaker of the National
Assembly. In no case shall imprisonment or constraint operate to prevent
a deputy from participating in the deliberations and decisions of the National
Assembly, save by a decision of the National Assembly taken after the Deputy
has been afforded the opportunity to speak in his defence. The Speaker
shall be empowered to issue summons to any person having the detention
or custody of a Deputy to produce him in order that he may attend a session
of the National Assembly.
The National Assembly appoints when it thinks fit, investigating and auditing
commissions upon any question. All institutions and officials are obliged
to comply with the demands of such Commissions and to supply them with
the necessary materials and documents.
After the elections, the Ruler shall convene the newly-elected National
Assembly within a period of one month. When the term of the National Assembly
expires, or in the event of its dissolution before the expiration of its
term, the Ruler shall fix new elections within a period of not more than
two months from the date of the expiration of its authority or of the dissolution,
the case may be.
Subject to the general control of H.H. the Maharaja Bahadur the jurisdiction
of the National Assembly shall include:
THE COUNCIL OF MINISTERS OF THE STATE
representation of the State in exterior relations, conclusion and ratification
of treaties with other States;
approval of alterations of the boundaries of the States;
organization of the Defence of the State and the direction of its armed
foreign trade upon the basis of State monopoly;
protection of State security;
establishment of tile National Economic Plan of the State;
approval of the State Budget;
administration of banks, industrial and agricultural establishments and
enterprises as well as trading enterprises;
regulation of currency and the direction of the monetary credit system;
administration of transport and means of communication;
organization of State insurance;
contracting and granting loans;
establishment of the fundamental principles for the use of land as well
as the exploitation of deposits, forests and waters;
establishment of the fundamental principles in the field of education and
protection of public life;
organization of a unified system of national economic accounting:
establishment of the principles of labour laws;
laws on tile citizenship of the State and the rights of foreigners;
legislation on legal procedure, court establishments, criminal and civil
organization and control of the radio broadcasting system;
legislation for the protection and development of nationalities;
organization for an archaeological survey; legislation for the protection
and rehabilitation of monuments;
legislation in furtherance of this constitution, upon all aspects of national
The Council of Ministers of the State is responsible to the National Assembly.
Ministers of the State direct the branches of the State administration
which come within the jurisdiction of the National Assembly. Ministers
of the State issue within the jurisdiction of their respective departments
orders and instructions on the basis and in fulfillment of existing laws,
as well as of decisions and orders of the Council of Ministers, and verify
Ministers of the States all divide among themselves the following branches
Defence - Agriculture & Animal Husbandry
Foreign Affairs - State Grain and Livestock Farms
Foreign Trade - Finance and Banking
Railways - Home Trade
Communications - Home Affairs
Water Transport - Justice
Heavy Industry - Health
Defence Industry - Education
Food Industry - Local Industry (Including cottage Industries)
Light Industry - Municipal Economy
Timber Industry - Social Welfare
THE RULER OF JAMMU AND KASHMIR
27. The ruler of Jammu and Kashmir shall:
convene sessions of tile National Assembly twice a year; shall convene
extraordinary sessions of the Assembly at his own wish or at the request
of the speaker of the Assembly; and
dissolve the National Assembly and fix new elections;
conduct a referendum upon his own initiative or upon the demand of the
majority of the legislators;
declare general or partial mobilization;
ratify international treaties after they have been approved by the National
summon the leader of the largest single party in the National Assembly
to form the Ministry.
Deputies to the National Assembly as well as to the Peoples' Panchayats
are selected by the electors upon the basis of universal equal direct suffrage
by secret ballot. Franchise shall be universal: all Citizens of the State
who have reached the age of eighteen years, irrespective of race and sex,
nationality or religion, educational qualifications, residential qualifications,
social origin, property, status, or past activity shall have the right
to participate in the elections of deputies and to be elected with the
exception of insane persons and those deprived of electoral rights by court
sentence. Franchise shall be equal: every Citizen takes part in elections
upon an equal basis. Every Citizen shall have one vote, provided that,
during the transitional period, Sikhs, Kashmiri Pandits and Harijans shall
be provided with two reserved seats each, and for this purpose they shall
exercise the right of a second vote. Women shall have the right to elect
and to be elected upon equal terms with men in all institutions of the
Citizens serving in the armed forces shall have the right to elect and
be elected on equal terms with all citizens.
Candidates shall be put forward for election according to electoral districts.
Any one hundred electors residing in an electoral district may sponsor
a candidate. No other precondition, whether money security or otherwise,
shall be required of a candidate.
Every deputy is obliged to render from time to time a report to his constituency
regarding his work and the work of the body to which he was elected; he
may at any time be recalled by his constituency in the manner established
Polling stations shall be provided in all electoral districts within convenient
walking distance. Polling stations shall be provided for all factories
employing more than 100 workers.
JUSTICE: THE COURTS AND THE ADVOCATE GENERAL
Justice is administered by the High Court of Jammu and Kashmir, and by
the District and Tehsil People's Courts.
In all courts, cases shall be tried with the participation of the people's
Judges with the exception of cases specially provided for by law.
The High Court of Jammu and Kashmir is the highest judicial tribunal. It
is charged with the supervision and direction of the judicial activity
of all organs of the State.
The High Court of Jammu and Kashmir is elected by the National Assembly
for a period of five years. The lower courts are appointed by the High
Court for a period of five years, with the exception of the People's Courts
which are elected by the People's Panchayats for a period of five years.
Court proceedings in the High Court shall be conducted in the lingua franca
of the State, that is Urdu. Proceedings in the lover courts shall be conducted
in the local language. Persons not knowing the language of the Court shall
be assured the possibility of fully acquainting themselves with the material
of the case through an interpreter, as well as having the right to address
the Court in their own language.
In all cases an accused person is fully ensured the right of defence.
In all courts of the State cases are heard openly, except when otherwise
provided for by law.
Judges shall be independent and subject only to law.
THE ADVOCATE GENERAL AND STATE ADVOCATES
The Advocate General of Jammu and Kashmir is appointed by the National
Assembly for a period of five years. State Advocates in Districts and Tehsilare
appointed by the Advocate-General of Jammu and Kashmir for a period of
The Advocate-General of Jammu and Kasl1mh- is charged with the highest
supervision of the strict observance of the laws by all State Ministers
and institutions under them, as well as by individual persons holding official
posts and also by citizens of the State.
The Advocate-General and the State Advocates perform their functions independently
of any local organs whatsoever, the latter being subordinate only to the
Advocate General of the State.
In case of the retirement of ~ Judge or the Advocate-General falling at
a time when the National Assembly is in a State of dissolution, the date
of retirement shall be deemed postponed until the meeting of the fresh
National Assembly is able to make a new appointment.
The organs of State power in District of the Tehsils, Cities and Villages,
shall be the People's Panchayats. The People's Panchayats direct the activities
of the organs of administration subordinate to them, ensure the maintenance
of State order observance of laws and the protection of the rights of citizens,
direct local, economic and cultural development in fulfillment of the National
Plan, organise Civil Defence, and draw up the local budget. The People's
Panchayats adopt decisions and issue orders within the limits of the powers
vested in them by law. The executive and administrative organs of the People's
Panchayats are the Executive Committees elected by them, composed of a
Chairman, Vice Chairman, Secretary and Members.
The Executive Committee of the People's Panchayats are directly responsible
to the People's Panchayats which elected them and are also subject to the
Council of Ministers of the States.
The People's Panchayats are elected by the people of their area of jurisdiction
for a pericd of five years. The ratio of representation in the people's
Panchayats shall be determined by law.
48. The national languages of the State shall be Kashmiri,
(Pall), Dardi, Punjabi, Hindi and Urdu shall be the lingua franca of the
State. The State shall foster and encourage the growth and development
of these languages, especially those which are more backward, by every
possible means, including the following:
1. The establishment of a State Languages Academy, where scholars
and grammarians shall work to develop the languages?
by perfecting and providing scripts;
by enriching them through foreign translations;
by studying their history;
by producing dictionaries and texts books.
AMENDMENTS TO THE CONSTITUTION
The founding of State scholarship for the study of these languages.
The fostering of local Press and publication in local languages.
NATIONAL ECONOMIC PLAN
Amendments to this Constitution shall be effected only by a decision of
the National Assembly when adopted by the majority of not less than two-thirds
of the votes cast therein subject to the ratification of the Ruler.
50. The economic life of the State shall be determined and directed
by the National Economic Plan for the purpose of increasing public wealth,
of ensuring a steady rise in the material and cultural level of working
men and women, and consolidating the defence capacity of the State.