Resolution of the Constituent Assembly pertaining to the Head of the State

Resolution of the Constituent Assembly 
pertaining to the Head of the State, 1952

Legal Document No 127

Fourth Session
20th August, 1952.

RESOLUTION

Whereas this Assembly adopted the recommendations contained in the Interim Report of the Basic Principles Committee presented on the 10th of the June, 1952;

And whereas by its resolution, dated the 12th June 1952, this Assembly directed that the recommendations so adopted be implemented and for that purpose charged the Drafting Committee to submit appropriate proposals;

Now, therefore, in pursuance of the resolution dated the 12th June, 1952, and having considered the report of the Drafting Committee, this Assembly resolves:

1. (i) that the Head of the State shall be the person recognised by the President of the Union on the recommendations of the Legislative Assembly of the State;

(ii) he shall hold office during the pleasure of the President;

(iii) he may, by Writing under his hand, addressed to President, resign his office;

subject to the foregoing provisions, the Head of the State shall hold office for a term of five years from the date he enters upon his office.

Provided that he shall notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office;

that the recommendation of Legislative Assembly of the State in respect of the recognition of the Head of the State specified in sub-pare (i) of paragraph I shall be made by election;

that the method of election to, qualifications for and all other matters pertaining to the office of the Head of the State shall be prescribed, in the Constitution, and until these are so prescribed, shall be as set out in the rules contained in the schedule annexed to this resolution;

4. that the Head of the State shall be designated as the Sadar-i-Riyasat;

5. that the Sadar-i-Riyasat shall be entitled to such emoluments, allowances and privileges as may be prescribed in the Constitution and pending the framing of the Constitution to such emoluments, allowances and privileges as may be decided by this Assembly by separate resolution;

6. that the Sadar-i-Riyasat shall exercise such powers and perform such functions as may be prescribed in the Constitution to be framed by this Constituent Assembly, and until such Constitution is framed, he shall exercise such powers and perform such functions as have hitherto been exercised by His Highness under the Jammu and Kashmir Constitution Act 1996, as amend-ed by Act No. XVII of 2008;

7. that in the event of the occurrence of a casual vacancy in the office of the Sadar-i-Riyasat by reason of his death, resignation or otherwise, the powers and functions exercisable by the Sadar-i-Riyasat shall until the assumption of office by the newly elected Sadar-i-Riyasat in accordance with the procedure laid down in this resolution, be exercised and performed by the person recommended by tile State Government for recognition as Officiating Sadar-i-Riyasat to the President of India; and

8. that this Assembly shall in due course provide a suitable remedy in respect of violation of the Constitution or gross misconduct by the person for the time being holding the office of the Sadar-i-Riyasat.

This Assembly further resolves:

that the Prime Minister of Jammu and Kashmir State is authorized to communicate a copy of this resolution to the Government of India for favour of appropriate action to enable its being given effect to.

Report of the Drafting Committee

Legal Document No 128

Fourth Session
20th August 1952.

This Assembly unanimously adopted the recommendations contained in the Interim Report of the Basic Principles Committee with regard to the future Headship of the State on the 12th June, 1952, and directed the Drafting Committee to place before this House appropriate proposals in this behalf within a period of one month. As it was necessary to have corresponding adjustments made in the Indian Constitution, it became essential to have consultations with the Government of India on this subject. Therefore, a Delegation headed by the undersigned, the Chairman of the Drafting Committee, was deputed to Delhi for the purpose.

During the course of consultations, certain other matters cropped up besides the question of the future Headship of the State. All these matters and the agreements arrived at between the Government of India and the representatives of the Kashmir Government have been placed before this House in a statement made by the Leader of the House and have been approved by this Assembly.

It was on account of these consultations at Delhi that the Drafting Committee could not submit its proposals within the period prescribed in the above mentioned resolution of this Assembly, and the Chairman requested you, Sir, for extension

of the time limit in order to complete the task assigned to the Drafting Committee. I am extremely grateful to you, Sir, that you very kindly agreed to put my request before the House.

Accordingly, I now seek the permission to present this report with the resolution and the schedule attached to it.

   (Sd.) M.A. BEG
   (Sd.) All Members of the
           Drafting Committee

Dated: 
19th August, 1952.

Bill to amend the Constitution Act,1996

Legal Document No 129

Be it enacted by the Constituent Assembly as follows:

1. Short title....(l) This Act may be called the Jammu and Kashmir Constitution (Amendment) Act, 2009.

2. It shall come into force on the 17th of November, 1952.

3. Amendment of section 3, Act XIV of 1996 Clause (c) of section 3 of the Jammu and Kashmir Constitution Act, 1996 (herein after referred to as "the said Act") shall be omitted.

4. Substitution of section 4, Act XIV of 1996....For section 4 of the said Act the following section shall be substituted, namely:

5. "Sadar-i -Riyasat….

1. The Head of the State shall be designated as "Sadar-i-Riyasat".

2. All rights, authority and Jurisdiction which appertain or are incidental to the Government of the territories of the State of Jammu and Kashmir shall be exercisable by the Sadar-i-Riyasat on the advice of the Council except in so far as may be otherwise provided by or under this Act, and except in regard to those matters enumerated in List I in the Seventh Schedule to the Constitution of India with respect to which the Parliament of India has power to make laws for the State.

3. Election and term of office of the Sadar-i-Riyasat and all other matters pertaining to the office of the Sadar-i-Riyasat shall be regulated in accordance with the Resolution of the Constituent Assembly dated the 21st of August, 1952, which Resolution is set out in Schedule I.

4. Amendment of a number of sections by substitution of "Sadar-i-Riyasat" for "His Highness" in Act XIV of 1996...In Sections 7,8,9....A sub-section (1), no sub-sections (1) and (3), 11, 13 sub-section (1), 16, 17, 31 sub-sections (1) and (2) 38. 43 clause (a), 48 sub-section (b), 49,52,53,57, 58,64 sub-section (1), 67 sub-section (2) and 71 of the said Act, for the words "His Highness" where-ever occurring, the words "the Sadar-i-Riyasat" shall be substituted.

5. Amendment of sections 8,9-A, 53 and 71, Act XIV of 1996....In sections 8, 9-A, 53 and 71, for the word and figure ' Schedule 1" wherever occur-ring, the word, figure and letter "Schedule I-A" shall be substituted.

6. Amendment of sections 37 and 43 (c) heading of section 71 and schedule I, Act XIV of 1996....In sections 37 and 43 clause (c), the heading to section 71 and form C of Schedule I (now to be renumbered as I-A) of the said act for the words "His Highness" "Board of Judicial Advisers" the words "Board of Judicial Advisers" shall be substituted.

7. Addition of new section 46-A, Act XIV of 1996…. After section 46 of the said Act, the following section shall be added, namely:

"46-A votes on account, votes of credit of and exceptional grants.

(1) Notwithstanding anything in the foregoing provisions of this Act, the Legislative Assembly shall have power:

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 45 for the voting of such grant;

(b) to make a grant for meeting on unexpected demand upon the revenues of the State when on account of magnitude or the indefinite character of the service the demand cannot be stated with details ordinarily given in an Annual Financial Statement;

(c) to make an exceptional grant which forms no part of the current service of any financial year.

(2) The provisions of section 45 shall have effect in relation to the making of any grant under sub-section (1) as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the Annual Financial Statement.

8. Amendment of section 55, Act, XIV of 1996 .... In section 55 of the said Act, the words "shall run 
and be in the name and style of His Highness and" shall be omitted.

9. Amendment of section 66, Act XIV of 1996....In section 66 of the said Act, for the words "the commands of His Highness" the words "orders of 
the Sadar-i-Riyasat" shall be substituted and for the words "His Highness" where they occur for the second time the words "the Sadar-i-Riyasat" 
shall be substituted.

10. Amendment of section 72. Act XIV of 1996 .... In section 72 of the said Act:

(i) the heading "Prerogative" to the section shall be omitted; and

(ii) for the words "Prerogative of His Highness" the words "Powers of the Sadar-i-Riyasat" shall be substituted.

11. Substitution of new section for section 73, Act XIV of 1996....for section 73 of the said Act, the following section shall be substituted namely:...

"Revenues of the Jammu and Kashmir State-73... All revenues and public monies raised or received by or on behalf of the Jammu and Kashmir Government shall be received for and credited to the account of the Jammu and Kashmir State.

Explanation: The expression "revenues" includes:

(a) all fines and penalties incurred by the sentence or order of any court of justice in the State, and all forfeitures, for crimes, of any movable or immovable property in the State; and

(b) all movable and immovable property in the State escheating or lapsing for want of an heir or successor and all property in the State devolving as bona vacantia, for want of a rightful owner."

12. In section of a new Schedule in Act XIV of 1996:

Schedule I of the said Act shall be renumbered as Schedule I-A and before the said Schedule as so renumbered, the following Schedule shall be inserted namely:

1. Qualifications .... No person shall be eligible for elections to the office of the Sadar-i-Riyasat, un-less he:

(a) is a State Subject of Class I as defined in the State Subject Definition Notification. No. I-L/ 84, dated 20th April, 1927

(b) has completed the age of 2I years on the date of filing the nomination paper; and

(c) is not subject to any of the disqualifications specified in rule 4 of the Jammu and Kashmir Constituent Assembly Election (Part I) Rules, 2008, for being chosen as a member of the Constituent Assembly.

2. The Sadar-i-Riyasat shall not be a member of the Legislative Assembly of the State, of if a member of the Legislative Assembly of the State, he shall be deemed to have vacated his seat in the House on the date he enters upon his office as the Sadar-i-Riyasat.

3. The Sadar-i-Riyasat shall hold no other office of profit.

4. Method of Election...(i) When election to the office of the Sadar-i-Riyasat becomes necessary, the Speaker of the State Legislative Assembly shall fix time and date for the holding of the election and shall cause a notice thereof to be sent to every member.

(1) At any time before noon on the date preceding the date so fixed, any member of the State Legislative Assembly may nominate another person for election by delivering to the Speaker or any officer authorised by the Speaker in this behalf, a nomination paper in the form prescribed in the Annexure to this Schedule signed by himself as proposer and by another member as seconder.

(2) Any person who has been so nominated may withdraw his candidature in writing addressed to the Speaker at anytime before the Assembly proceeds to hold the election.

(3) At the time fixed for selection under sub-clause (i), the Speaker or in his absence the person presiding shall read out to the Assembly the names of the persons who have been duly nominated and have not withdrawn their candidature together with those of their proposers and seconders, and, if there is only one such candidate, shall declare him to be duly elected. If there is more than one such candidate, the Assembly shall proceed to elect the Sadar-i-Riyasat by ballot.

(4) Where there are only two candidates for election, the candidate who obtains at the ballot the larger number of votes shall be declared elected. If they obtain an equal number of votes, the Speaker or in his absence the person presiding shall exercise his casting vote and the person in whose favour such vote is cast shall be declared elected.

(5) Where more than two candidates have been nominated and at the first ballots no candidate obtain more votes than the aggregate votes obtained by the other candidates, the candidate who has obtained the smallest number of votes shall be excluded from the election. and balloting shall proceed, the candidate obtaining the smallest number of votes at each ballot being excluded" from the election, until one candidate obtains more votes than the remaining candidates, or than the aggregate votes of the remaining candidates, as the case may be, and such candidate shall be declared elected.

(6) Where at any ballot any of three or more candidates obtain an equal number of votes and one of them has to be excluded from the election under sub-clause (6), the determination, as between the candidates whose votes are equal, of the candidate who is to be excluded shall be by the casting vote of the Speaker or in his absence of the person presiding.

(7) The Prime Ministers of the State shall communicate the name of the person duly elected by the Assembly as the Sadar-i-Riyasat to the President of India for being recognised as the Sadar-i-Riyasat.

(8) Oath .... The Sadar-i-Riyasat shall, before entering upon his office, make and subscribe in the presence of Chief Justice of the State High Court or in his absence any judge of the High Court available on oath or affirmation in the following form, namely:

"I, A. B.. swear in the name of God/solemnly affirm that I will faithfully execute the office of the Sadar-i-Riyasat. Jammu and Kashmir and will to the best of my ability preserve, protect and defend the Constitution of the State as by law established and that I will devote myself to the service and well being of the people of the State."

Sheikh Mohammad Abdullah's Statement to the Constiuent Assembly on Delhi Agreement

Legal Document No 130

(Extract)

I crave permission to mace a statement before the House in regard to the constitutional relationship between the Jammu and Kashmir State and the Indian Union. As the Hon'ble Members are aware, during the last session of the Constituent Assembly, the Basic Principles Committee had submitted a report making certain specific recommendations about the future Head of the State. The House, while accepting these recommendations, had charged the Drafting Committee to present for the consideration of the Assembly, a draft resolution incorporating the proposed principles for the election of the Head of the State. The Drafting Committee will, no doubt, submit its report to the House during this session.

Since the changes proposed by this Assembly involved corresponding adjustments in the Indian Constitution, the Government of India desired that it should have time to discuss with our representatives other matters pertaining to the constitutional relationship of our State with the Union. During the last stage of these discussions, it became necessary for me and some of my other colleagues in the Government to participate in the talks. I am now in a position to inform the House that certain broad principles have been laid down and certain decisions have been tentatively arrived at between the two Governments.

X X X

The basis of our relationship with India is the Instrument of Accession which enabled our State to enter into a lemon with India. In accordance with the terms of the Instrument, certain powers were transferred to the Centre. The principal matters specified for this purpose in respect to which the Dominion Legislature could make laws for this State were:

(a) Defence,

(b) External Affairs, and

(c) Communications.

This arrangement involved a division of sovereignty which is the normal feature of a Federation. Beyond the powers transferred by it to the Dominion, the State enjoyed complete residuary sovereignty.

These terms of the association of our State with the Dominion of India were maintained; and, subsequently, when the Constituent Assembly of India was charged with the task of framing a Constitution, this over-riding consideration was kept m view in determining the position of this State in the pro-posed Constitution Earlier to this, it had been agreed between the two Governments that "in view of the special problems arising in respect of this State and the fact that the Government of India have assured its people that they would them-selves finally determine their political future", a special position should be accorded to Jammu and Kashmir in the future Constitution so that a limited field of the Union Powers over the State is ensured. Dour representatives were nominated from the Jammu and Kashmir State to the Constituent Assembly of India] These representatives participated in the deliberations of the Constituent Assembly of India at a time when the bulk of the Indian Constitution had already been adopted. It was at this stage that the constitutional position of this State was determined in the Constitution of India. The representatives of the Jammu and Kashmir State reiterated their view that our association with India should be based on the terms of the Instrument of Accession. It was at this stage that the constitutional position of the State was determined in the Constitution of India. Lithe representatives of the Jammu and Kashmir State reiterated their view that our association with India should be based on the terms of the Instrument of Accession. It was also made clear that while the accession of the Jammu and Kashmir State with India was complete in fact and law to the extent of the subjects enumerated in this Instrument.. the autonomy of the State with regard to all oilier subjects outside the ambit of the Instrument of accession should be preserved.

X X X

Evince a good deal of confused thinking and uninformed criticism is indulged in by some interested people. I would like to point out here that the Constitution has confined the scope and jurisdiction of the Union powers to the terms of the Instrument of accession with the proviso that they may be extended to such other matters also as the President may by order specify with the concurrence of the Jammu and Kashmir Constituent Assembly. The special problems facing the State were thus taken into account and under the Constitution the relationship approximated to that subsisting under the Instrument of accession.

The Constitution of the Indian Union, therefore, clearly envisaged the convening of a Constituent Assembly for the Jammu and Kashmir State which would be finally competent to determine the ultimate position of the State in respect of the sphere of its accession which would be incorporated as in the shape of permanent provisions of the Constitution

X X X

The Hon'ble Members are aware that as the leader of the National Conference party, I indicated in my inaugural address the scope of the decisions which I felt the Constituent Assembly would have to take. I listed the four main issues as pertaining to the main functions of the Assembly, viz., the future of the Ruling Dynasty, payment of compensation for the land transferred to cultivators under the Big Landed Estates Act, Ratification of the State's Accession to India as well as the framing of a Constitution for the State. While discussing these issues in my address to this House, I had given clear indications of my party's views in regard to them. I had also an occasion to place my point of view on these issues before the representatives of the Government of India and I had the satisfaction that they approved of it.

When Constituent Assembly commenced its labours, it had to tackle these issues in course of time. It took decisions m regard to payment of compensation to landlords and it came to the conclusion that no compensation was justified.

The Constituent Assembly has, at present, under its consideration the future of the Ruling Dynasty. In this connection the Basic Principles Committee recommended that the institution of hereditary rulership in the State should be abolished and in future the office of the Head of State should be elective. While accepting the recommendations of the Basic Principles Committee, this Assembly charged the Drafting Committee to place before this House appropriate proposals for the implementation of these recommendations.

As I said in the beginning of my statement, such a fundamental decision involved corresponding adjustments in the Indian Constitution and in order to finalist the position in respect of this issue and other matters pertinent to it, I and my colleagues had discussions with the representatives of the Government of India as a result of which we arrived at some tentative agreement, tile details of which I wish to place before the House.

The Government of India held the view that the fact that the Jammu and Kashmir State was constituent unit of the Union of India led inevitably to certain consequences in regard to some important matters, namely:

(a) Residuary Powers, (b) Citizenship, (c) Fundamental Rights, (d) Supreme Court of India (e) National Flag, (f) The President of India, (g) The Headship of the State (h) Financial Integration, (i) Emergency Provisions, and (j) Conduct of elections to Houses of Parliament.

Permit me, Mr. President now to deal with each one of these Items and also the agreement, arrived at between the Jammu and Kashmir Government and the Government of India in relation to them.

RESIDUARY POWERS

It was agreed that while under the present Indian Constitution, the Residuary Powers vested in the Centre in respect of all the States other than Jammu and Kashmir, in the case of our State, they rested in the State itself. This position is compatible with Article 370 of the Indian Constitution and the instrument of Accession on which this article is based. We have always held that the ultimate source of sovereignty resides in the people. It is, therefore, from the people that all powers can flow. Under these circumstances, it is up to the people of Kashmir through this Assembly to transfer more powers for mutual advantage to the custody of the Union Centre.

CITIZENSHIP

It was agreed that in accordance with Article 5 of the Indian Constitution persons who have their domicile in the Jammu and Kashmir State shall be the citizens of India. It was further agreed that the State legislature shall have power to define and regulate the rights and privileges of the permanent residents of the State, more especially in regard to acquisition of immovable property, appointments to services and like matters. Till then the existing State law would apply. It was also agreed that special provision should be made in the laws governing citizenship to provide for the return of those permanent residents of Jammu and Kashmir State, who went to Pakistan in connection with the disturbances of 1947 or in fear of them as well as of those who had left for Pakistan earlier but could not return. If they returned, they should be entitled to the rights, and privileges and obligations of citizenship.

There are historic reasons which necessitate such constitutional safeguards as for centuries past, the people of the State have been victims of exploitation at the hands of their well to- do neighbours. The Hon'ble Members are perhaps aware that in the late twenties, the people of Jammu and Kashmir agitated for the protection of their bonafide rights against the superior competing interests of the non-residents of the State. It was in response to this popular demand that the Government of the day promulgated a Notification in 1927 by which a strict definition of the term "State Subject'' was provided. I am glad to say that the Government of India appreciated the need for such a safeguard. No definition of the special rights and privileges of the residents of the State can afford to remain static. The need may arise at one stage or the other to liberalise such a definition. The importance of the fact that State Legislature shall retain powers to be able to effect such modifications becomes obvious in this context.

There is yet another class of State Subjects whose interests had to be safeguarded. The Hon'ble Members of this House are aware that on account of the disturbances of 1947 and also as a consequence of the invasion of this country by Pakistan large number of the residents of this State suffered dislocation. We have, therefore, to visualize the possibility of their return to their homes and hearths as soon as normal conditions are restored. It has been suggested in certain quarters that this protection has been provided only for those residents of the State who are at present stranded in Pakistan I would like to make it clear, as I have stated earlier, that this protection will operate only when the conditions are normal and such conditions naturally presume that the resettlement of the dislocated population, whether Muslim or Non-Muslim cannot be one-sided or unilateral.

FUNDAMENTAL RIGHTS

It is obvious that while our constitution is being framed the fundamental rights and duties of a citizen have necessarily got to be defined. It was agreed, however, that the Fundamental Rights, which are contained in the Constitution of India could not be conferred on the residents of the Jammu and Kashmir State in their entirety taking into account the economic, social and political character of our movement as enunciated in the New Kashmir Plan. The need for providing suitable modifications, amendments and exceptions as the case may be in the Fundamental Rights Chapter of the Indian Constitution in order to harmonize those provisions with the pattern of our principles was admitted. Particular care would have to be taken to preserve the basic character of the decisions taken by this House on the question of land compensation as well as the laws relating to the transfer of land to the tiller and other matters; The main point to be determined is whether the Chapter of our Fundamental Rights should form a part of the Kashmir Constitution or that of the Union Constitution.

SUPREMENT COURT

It was agreed that the Supreme Court should have original jurisdiction in respect of disputes mentioned in Article 131 of the Constitution of India. It was further agreed that the Supreme Court should have jurisdiction in regard to Fundamen-tal Rights which are agreed to by the State.

On behalf of the Government of India, it was recommended that the Advisory Board in the State, designated "His High-ness's Board of Judicial Advisors" should be abolished and the jurisdiction exercised by it should be vested in the Suprement Court of India. That is to say that the Supreme Court should be the final Court of appeal in all civil and criminal matters as laid down in the Constitution of India.

We, however, felt that this would need a detailed examination and consequently it was agreed that we should have time to consider it further.

NATIONAL FLAG

We agreed that in view of the clarifications issued by me in my public statements while interpreting the resolution of this House according to which the old State flag was in no sense a rival of the National Flag. But for historical and other reasons connected with the freedom struggle in the State, the need for the continuance of this flag was recognized. The Union flag to which we continue our allegiance as a part of the Union will occupy the supremely distinctive place in the State.

PRESIDENT OF INDIA

It was agreed that the powers to grant reprieve and com-mute death sentences, etc. should also belong to the President of the Union.

HEADSHIP OF THE STATE

I am glad to inform this House that the Government of India have appreciated the principle proposed by the Basic Principle Committee as adopted by this Assembly in regard to the abolition of the hereditary rulership of the State. In order to accommodate this principle, the following arrangement was mutually agreed upon:

i. The Head of the State shall be the person recognized by the President of the Union of the recommendation of the Legislature of the State.

ii. He shall hold office during the pleasure of the President.

iii. He may, by writing under his hand addressed to the President resign his office.

iv. Subject to the foregoing provisions, the Head of the State shall hold office for a term of five years from the date he enters upon his office.

v. Provided that he shall, notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office.

FINANCIAL INTEGRATION

In regard to this subject, we agreed that it would be necessary to evolve some sort of financial arrangement between the State and the Indian Union. But as this involved far reaching consequences, it was felt that a detailed and objective examination of this subject would be necessary.

EMERGENCY POWERS

On behalf of the Government of India, it was stated that the application of Article 352 of the Constitution was necessary as it related to vital matters affecting the security of the State. They did not press for the application of Articles 356 or 360.

On behalf of the Kashmir Delegation, it was stated that the application of Article 352 to the State was not necessary. In the event of war or external aggression, item I in the Seventh Schedule relating to the defence of India applied and the Government of India would have full authority to take any steps in connection with defence, etc. In particular, we were averse to internal disturbance being referred to in this connection, as even some petty internal disorder might be considered sufficient for the application of Article 352'.

In reply it was pointed out that Article 352 could only be applied in a state of grave emergency and not because of some small disorder or disturbance.

In order to meet our view point, it was suggested on behalf of the Government of India that Article 352 might be accepted as it is with the addition at the end of the first paragraph (1) of the following words: "but in regard to internal disturbance at the request or with the concurrence of the Government of the State."

We generally accepted this position, but wanted some time to consider the implications and consequences as laid down in Articles 353, 358 and 359 which on the whole we accepted. In regard to Article 354, we wanted to examine it further before expressing our opinion.

CONDUCT OF ELECTIONS TO HOUSES OF PARLIAMENT

Article 324 of the Indian Constitution already applies to State in so far as it relates to elections to Parliament and to the Offices of the President and the vice-President of India.

I have put before this House the broad indications of the agreements arrived at between us and the Government of India. As the Hon'ble Members will, no doubt, observe, the attitude of the Government of India has been most helpful. A satisfactory position has emerged and we are now able to assess the basic issues of our constitutional relationship with India in clearer terms. There has been a good deal of accommodation of our respective points of view. Hotly the representatives of the Government of India and the Kashmir Delegation, have been impelled by the desire to strengthen further the existing relationship to remove all obscurity and vagueness. We are convinced, as ever before, that we have the full support both of the Government and the people of India in the fulfillment of our democratic ideals and the realization of our objectives.

Joint Memorandum submitted by Cabinet Members of the Sheikh Abdullah Ministry to the Sadar-i-Riyasat

Legal Document No 131

You will kindly recall that in the course of tile meeting of the Cabinet, held on August 7, 1953, and on many other occasions previously, we brought to your notice that certain pronounced tendencies indicating a very sharp divergence of opinion had become manifest in our approach to the broad policies which from the basis of the Government and the administration. Contrary to the normal practice of a uniform policy in the conduct of the administration, it has become increasingly clear that Mr. Beg and you, in utter disregard of the opinion of your colleagues and without their consultation make public pronouncements which flout to principle of joint responsibility. Since the formation of the present Government, in spite of the constant endeavour of your colleagues to secure maximum agreement and unity in the formation and execution of essential policies in accordance with the mandate given by the people, you have frequently adopted certain arbitrary measures complete denial of the right of expression of opinion of even your own colleagues in the handling both of external and internal affairs of the State.

Most of these measures and policies have been self-contradictory and inconsistent, leading to serious complications. After the establishment of the Legislative Assembly, we have expected that our joint responsibility and collective functioning as a Cabinet would be governed by well-established parliamentary practices. But we regret to observe that you have not only disregarded the wishes of your colleagues in the Cabinet but have acted in the Legislative Assembly also in a manner which denied the right of freely expressing their opinions to the representatives of the people in regard to the basic policies

pursued by the Government. In the past, even though occasions have arisen when we seriously opposed certain measures which affected the efficient and smooth functioning of the administration we refrained from bringing matter to a head by making concession to y our views in the interests of securing harmony and concord in the working of the Government. Unfortunately, however, this spirit of accommodation has been misconstrued by you and you have consequently adopted an attitude which is far from democratic and indicates a tendency towards making arbitrary use of power and position. Your attitude with regard to the political and economic policies of the Government has given rise to a great deal of confusion in the public mind and serious dislocation in economic life of large sections of the people. For quite some time, now, a factional tendency has been evident in the Cabinet, which has been responsible for a progressive deterioration in the administration. Consequently, various ameliorative measures propos-ed by the members of the Cabinet in good faith have not been implemented honestly. Above all, there has been a singular failure to exercise vigilance and proper supervision in the day to day functioning of the administration which has produced corruption, nepotism, inefficiency and wanton wastage of public resources in most sphere of Government activity. All these facts of omission and commission have inevitably created large-scale discontent in various part of the State.

All along the Government has lacked a sense of uniformity and direction in its plans and programme. Time and again, we have brought to your notice the imperative need of arresting this process of deterioration in the administration. We attempted to represent the feelings of various sections of the people and urgent necessity of undertaking immediate measures for the amelioration of these conditions. But we regret to say that you not only disregarded all our opinions in this respect, but have been ignored the recommendations of the Wazir Committee, which had been set up by the Government to inquire into a number of grievances of the people.

Consequently, the political uncertainty has been accentuated with the result that our economy has been thrown Into stagnation, which has impoverished large masses of people, when the tourist traffic showed healthy improvement last year and this year, you destroyed public confidence though your irresponsible utterances.

The events of the last few months have, in particular, thrown the state in the midst of a severe crisis. The repercussions of this crisis are bound to be serious and far-reaching. We regret to state that yore, as the head of the Government, have not only failed to take note of the situation but have, by your words and deeds. accentuated the tension. you have consistently refused to acknowledge responsibilities that devolve on you as the Prime Minister of the State by not following the declared policies that form the basis of the Government. You have tended to act in a manner that 1las generated uncertainty, suspense and doubt in the minds of the people of the State in general and of those in Jammu and Ladakh in particular. All these factors have combined to strengthen the disruptionist forces seeking the disintegration of the State,

As is well known, the unprovoked aggression from Pakis-tan had put our very national existence at stake. In that critical hour of crisis, all of us jointly approached India for help and requested her to accept the accession of the State and assist us in repelling the aggression and restoring peaceful conditions in the State. The united will of the people stood solidly behind this act of Kashmir's accession to India. While accepting our request, the Government of India assured us of the right of self-determination for our people. After the convening of the Constituent Assembly, certain inescapable elaborations of the State's relationship with India were defined in the Delhi Agreement, of which you were the Chief Architect on our behalf. Your stand was unanimously endorsed by the Government, the National Conference, the Indian Parliament and the Constituent Assembly of the State. But you have not only deliberately delayed implementation of the agreements on these matters which form the sheet-anchor of our policy, but have purposefully and openly denounced these in public. You have thus arbitrarily sought to precipitate a rupture in the relationship of the State with India. Though it is true that the people of the State have the ultimate right to decide their future, the conditions of chaos and confusion which are being engineered today by you are bound to be fatal for the exercise of the right of self-determination by our people. Under these circumstances what seems inevitable is that interested foreign powers may well take advantage of and exploit the situation for their own selfish purpose. Mr. M.A. Beg has persistently been following policies of narrow sectarianism, and communalism, which have seriously undermined the the oneness of the State. Unfortunately, you have been lending your support to his policies in the Cabinet and his activities in public. This has generated bitter feelings of suspicion and doubt in the minds of the people of various constituent units of the State. You have connived at all these unfortunate happenings and thus strengthened and encouraged the forces of disruption. The result is that unity and the secular character, the two fundamental aspects of our State, stand threatened today.

We have been constantly urging upon you to put an end to these unhealthy tendencies and to under take unitedly measures for restoring the moral of the people. In spite of our best intentions, we have failed in our efforts.

It is, therefore, with great pain that we have to inform you of our conclusion that the Cabinet, constituted as it is at present and lacking as it does the unity of purpose and action, has lost the confidence of the people in its ability to give them a clean, efficient and healthy administration.

Sadar-i-Riyasat's letter to Sheikh Abdullah

Legal Document No 132

Karan Mahal,
Srinagar, 
August 8, 1953.

My dear Sheikh Abdullah,

You will recall that in the course of our meeting today, I conveyed to you my deep concern at the serious differences which exist in your Cabinet. I impressed upon you the immediate necessity for restoring harmony and unity or purpose among the members of the Cabinet in the execution of its policies. You were, however, unable to assure me that these acute differences could be remedied.

This conflict within the Cabinet has for a considerable time been causing great confusion and apprehension in the minds of the people of the State. The situation has reached an unprecedented crisis with the effect that three or your four Cabinet colleagues have, in a memorandum to you, a copy of which they have sent to me, expressed their complete dissatisfaction with your action and policies, which have lost the present Cabinet and confidence of the people. This document clearly indicates that the divergence with in your Cabinet has reached proportions in which the unity prosperity and stability of the State are gravely jeopardised.

When we met today, I further suggested to you that an emergency meeting of the cabinet should be held at my residence this evening so that we could jointly explore the possibilities of securing a stable, unified and efficient Government for the country. But to my regret you evaded the issue.

Under these conditions, I, as Head of the State, have been forced to the conclusion that the present Cabinet cannot continue in Office any longer and hence, I regret to inform you that I have dissolved the Council of Ministers headed by you A copy of my order in this connection is attached herewith.

I need hardly add how deeply distressed I was at having to take this action, but the vital interests of the people of the State, which it is my duty to safeguard, leave me no alternative. I trust that this will in no way affect the mutual regard and cordial feelings we have for each other.

Yours sincerely,
(Sd/-) Karan Singh
Sadar-i-Riyasat

Order Issued by the Sadar-i-Riyasat

Legal Document No 133

Where as for some months I have been noticing with growing concern that there have existed acute differences of opinion between members of the Government on basic issues -political, economic and administrative-affecting the vital interests of the State;

And whereas members of the Government have been publicly expressing sharply conflicting points of view regarding these matters;

And whereas on these fundamental issues the view of a majority of the members the Cabinet are sharply opposed to the view held by the Prime Minister and one of his colleagues;

And whereas efforts to work in harmony and pull together as a team having failed, and the majority in the Cabinet has expressed that, lacking as it does in unity of purpose and Action, the present Cabinet has lost the confidence of the people;

And whereas the economic distress of the people has considerably increased which needs prompt and serious attention;

And whereas a state has reached in which the very process of honest and efficient administration has become impracticable;

And whereas finally, the functioning of the present Cabinet on the basis of joint responsibility has become impossible and the resultant conflicts have gravely jeopardised the unity, prosperity and stability of the State;

I, Karan Singh, Sadar-i-Riyasat, functioning in the interests of the people of the State, who have reposed the responsibility and authority of the Headship of the State in me, do hereby dismiss Sheikh Mohammad Abdullah from the Prime Ministership of the State of Jammu and Kashmir, and consequently the Council of Ministers headed by him is dissolved forthwith.

Sadar-i-Riyasat's letter to Bakshi Ghulam Mohammad

Legal Document No 134

Karan Mahal,
Srinagar, 
August 9, 1951.

My Dear Bakshi Sahib,

I have just dissolved the cabinet which functioned till today and have relieved it of the powers and functions of civil administration of the State. I, however, feel that a new Cabinet should be constituted immediately so as to avoid a political and administrative vacuum.

In the task of forming a new Ministry, I have decided told seek your aid and advice. Will you, therefore, make it convenient to meet me immediately so that we might discuss the formation and composition of the new Cabinet?

I need hardly and that the continuance in office of the new Cabinet will depend upon its securing a vote of confidence from the Legislative Assembly during its coming session.

Yours sincerely,
(Sd/-) Karan Singh.

Bakshi Ghulam Mohammad's reply to Sadar-i-Riyasat's letter

Legal Document No 135

Srinagar
August, 9, 1953

My dear Sadar-i-Riyasat,

I am highly grateful to you for the trust you have reposed in me by calling me to offer you my aid and advice in the task of constituting a new Cabinet.

In accepting your kind invitation, I am solely guided by a sense of duty to my country, and its people and I shall try to the best of my ability to fulfill the responsibilities which you propose to entrust to me.

I shall be available for consolation at your convenience.

Yours sincerely,
G. M. Bakshi.

Report of the Basic Principles Committee

Legal Document No 136

The basic principles of the State Constitution will contain provisions relating to the form of the State, the Executive, the Legislature, the Judiciary, the Public Service Commission, the" official Language and other ancillary matters. The recommendations of the Committee in regard to these matters are contained below:

The State of Jammu and Kashmir will comprise such territories which formed part of the State on 15th August, 1947. While retaining its autonomous character the State will continue to remain acceded with the Union of India.

The sovereignty of the State resides in the people thereof and shall except in regard to matters specifically entrusted to the Union, be exercised on their behalf by the various organs of the State.

The governing features of the State Constitution would be based on democracy, equality and social and economic justice. The guiding principle of the State policy would be to ensure the rebuilding of the State by harnessing all its resources for the purpose of securing a better and prosperous life for its people. In order to achieve that end the entire economic activity of the State will be conducted in accordance with plans envisaged in New Kashmir.

In order to satisfy the urge of the people of the State for an intimate association with administration at ail levels the Constitution shall embody suitable provisions to that effect. Suitable provision shall also be made enabling the people to develop their various cultures, languages and scripts and to promote closer association and better understanding amongst themselves.

Based on the decision of the Constituent Assembly for the termination of the Hereditary Rulership in the State, the Head of the State will be a person designated as the Sadar-i-Riyasat whose election and other terms of office will be regulated in accordance with the resolution of the constituent Assembly dated 21st August, 1952.

The superintendence, direction and control of the Government will vest in a council of Ministers headed by the Prime Minister who will be appointed by the Sadar-i-Riyasat. The Prime Minister will tee the person who enjoys the confidence of the State Legislative Assembly. The Council of Ministers will be collectively responsible to the State Legislative Assembly.

The State Legislative Assembly will be composed of members chosen by direct election who will represent constituencies determined by law. The determination of constituencies will be on population basis and on the scale of one member for every 40,000 of the population. Election to the State Legislative Assembly shall be on the basis of adult suffrage, that is to say, every male or female who has attained the age of 18 years and is not otherwise disqualified under the constitution or any Law made by the State Legislative Assembly on grounds of non-residence, unsoundness of mind, crime or corrupt or illegal practice shall have the right to vote. The State Legislative Assembly will have powers to make laws for the State, in respect of all matters falling within the sphere of its residuary sovereignty. Its life will be five years. Provision for the rights, powers and privileges of the members and the Commit-tees of the Assembly should be made on the lines of the corresponding provisions of the Constitution of India. The superintendence, direction and control of all elections to to the State Legislative Assembly including the appointment of Election Tribunals will vest in a Commission to be appointed by the Sadar-i-Riyasat. Provision will also have to be made for a fixed period to promote with special care the interests of the weaker sections of the people by ensuring their representation in the Assembly.

The Judiciary of the State will be independent of executive. The High Court of Judicature shall consist of the Chief Justice and two or more other judges as the Sadar-i-Riyasat may from time to time appoint. In order to ensure the independent and impartial character of the High Court, a judge of the High Court will not be removed from his office except by an order of Sadar-i-Riyasat passed after an address by the National Assembly supported by a majority of the total membership of the National Assembly and by a majority of the total member-ship of the National Assembly and by a majority not less than two thirds of the members of the House present and voting, has been presented to the Sadar-i-Riyasat in the same session for such removal, on the ground of proved misbehaviour or incapacity. Provisions will also have to be made for the terms and conditions of service of High Court Judges commensurate with the independence and dignity of the High Court.

The High Court will be a Court of Record and shall hare all the pokers of such Court including the power to punish for contempt of itself. The High Court shall have the same powers and jurisdiction as are exercised by it at present under the Constitution or any other law in force in the State. Pro-visions in this respect will be modelled on the those contained in the existing Constitution of the State and the relevant parts of the Constitution of India. Adequate provisions shall also be made in the Constitution for ensuring independence and integrity of the subordinate Courts.

An appeal shall lie to the Supreme Court of India from a judgment, decree or final order of the High Court in Civil proceedings if the High Court certifies that the amount or value of the subject matter of the dispute in the Court of first instance and still in dispute on appeal was and is not less than 90,000 rupees or that the case is a fit one for appeal to the Supreme Court. Similarly an appeal shall lie to the Supreme Court of India in criminal matters if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or has withdrawn for trail before itself any case from any subordinate court and has in such trial convicted the accused person and sentenced him to death and lastly if the High Court certifies that the case is a fit one for appeal to the Supreme Court. An appeal shall also lie to the Supreme Court of India in certain civil, criminal or other proceeding if-the High Court certifies that the case involves a substantial question of law as to the interpretation of the provisions of the Constitution of India which apply to the State under Article 370 of the Constitution. The original jurisdiction of the Supreme Court will extend to disputes between the Centre and State or States interest as specified in Article 131 of the Consti-tution of India.

Provision with regard to the establishment of a public Service Commission should be made in the Constitution. The appointment of its Chairman and members will be made by the Sadar-i-Riyasat. It will function independent of executive. Its Chairman and other members will be removable from office in the manner provided for the removal of a High Court judge.

The official Language of the State will be Urdu, but English language may be used for all official purposes for which it is being used at present. The Constitution should also recognise the regional languages of the various cultural units of the- State.

Further provisions relating to the transitional and ancillary matters should be incorporated in the Constitution. Necessary provisions should also be incorporated in the Constitution ensuring that an amendment of the Constitution shall be made only by two thirds majority of the total membership of the Assembly.

The State of Jammu and Kashmir having acceded to the Union of India, it becomes necessary to define the relation-ship of the State with Centre. This relationship was originally based on the Instrument of Accession whereby the State of  Jammu and Kashmir acceded to the Union of India in matters of Defence, Foreign Affairs and Communication. When the -dominion of India became a republic, the relationship of the State with the Union was embodied in Article 370 of the Union Constitution. The State's accession to the Union entails certain responsibilities on the Centre for protecting the interests of the State and also for its social and economic development. In order to enable the Centre to discharge its responsibilities which devolve upon it under the Constitution, those provisions of the Constitution of India which may be necessary for this purpose should be made applicable to the State in an appropriate manner. While preserving the internal autonomy of the State all the obligations which flow from the fact of accession and also its elaborations as contained in the Delhi Agreement  should find an appropriate place in the Constitution. The Committee is of the opinion that it is high time that finality in this respect should be reached and the relationship of the State with the Union should be expressed in clear and precise terms. The Committee accordingly recommends:

(i) that a directive be issued to the Drafting Committee to bring up appropriate proposals defining the sphere of Union Jurisdiction in the State suggesting additions, modifications and amendments wherever necessary in the Constitution (Application to Jammu and Kashmir) Order, 1950 to suit requirements of the State;

(ii) that the Drafting Committee should forthwith take up the drafting of the Constitution for the State in the light of the recommendations contained in this report and such other reports as have been or are adopted by this Assembly from time to time.

Report relating to Citizenship and Fundamental Rights

Legal Document No 137

The Advisory Committee on Fundamental Rights and Citizenship was set up by the resolution of the Constituent Assembly dated 7th November, 1951, in order to make recommendations as regards qualifications required for Citizenship and the determination of Fundamental Rights of the residents of the State. The Committee was reconstituted by the Constituent Assembly by its resolution dated the 20th October, 1953.

The State having acceded to the Union of India, every State Subject and every person having his domicile in the State is a Citizen of India under the provisions of the Constitution of India. It is, however, recognized by the Government of India that this position would not affect the existing State subject definition. While the Committee adheres to principle underlying this definition, it feels that the definition should be liberalized in keeping with the changed times. The Committee therefore recommends that all the three classes of State Subjects provided in the definition be removed and a uniform class of permanent residents be established. Accordingly every person residing in the State who is a State Subject of Class I or Class II or after having acquired immovable property in the State has been ordinarily residing there for a period of not less than ten years prior to the date of enforcement of this provision shall be a permanent resident of the State.

The powers of the State Legislature to define 'Permanent Residents of the State' in future in any manner it deems fit and to regulate the special rights and privileges of the Permanent Residents of the State should be preserved. A majority of not less than two-thirds of the total membership of the House shall be necessary for the exercise of this power. The Committee is of the opinion that while adequate provisions to that effect should be incorporated at an appropriate place in the Constitution of India, the provisions of Part II of the Constitution of India relating to Citizenship also be made applicable to the State and care should be taken to protect the special position accorded to the State Subjects to be now known as "Permanent Residents of the State" and their special rights and privileges. Necessary modification shall also have to be provided in that Part to enable those Subjects of the State who had migrated to Pakistan in 1947 in connection with the disturbance or in fear of the same, to return to the State under a permit for resettlement or permanent return issued under the authority of law that would be made by the State Legislature in due course.

The Committee is of the view that the State Legislature should also be competent to make provisions with respect to acquisition and termination of the Status of Permanent Residents of the State and until the State Legislature enacts provision that behalf, the existing Ijazatnama Rules should continue to remain in force and the existing procedure for obtaining a State Subject Certificate should apply for the purpose of securing a certificate as to the status of a Permanent Resident.

FUNDAMENTAL RIGHTS

An examination of the Fundamental Rights embodied in the Constitutions of some of the more important countries of the world would reveal that while there are certain rights which require position by the State and which can be granted only so far as such action is practicable, there are others which require that the State shall abstain from prejudicial action. It is obvious that the rights of the first type are not normally either capable of or suitable for enforcement by legal action, while those of the second type may be so enforced. Both classes of rights are mentioned together under the head "Fundamental Rights" in certain Constitutions but in certain others distinction between two forms of rights is clearly re-cognized. A similar distinction is recognized in Dr. Lauterpacht's" International Bill of Rights of Man 1945." The Committee having carefully considered that matter is of the view that it would be useful to separate the two classes of rights, firstly those rights which shall be enforceable in a Court of Law and secondly those which shall be guaranteed by enjoining upon the State to take specified and planned action in the field of special and economic reconstruction of the State. This set of rights shall retain fundamental position in the governance of the State.

The question of evolving Fundamental Rights has been considered and discussed at length by the Committee. It has been recognized by the Government of India that the Fundamental Rights as contained in part III of the Constitution of India, should not come in the way of Land Reforms already introduced by the State or the reforms that might be undertaken by the State in future. This was particularly necessary in view of the fact that the State has not provided for any compensation for the land expropriated under its Land Reforms. The Government of India has also recognised that the special rights and privileges enjoyed by the Permanent Residents of the State relating to acquisition and holding of immovable property and in respect of employment under the State shall be fully safeguarded.

The Committee having taken note of the Fundamental Rights provided in various constitutions including the Constitution of India recommends the following rights for adoption by the State.

1. Equality of rights of all citizens, irrespective of religion, race, caste, sex, place of birth of any of them, in all spheres-economic, political cultural and social should be guaranteed; that is to say, every citizen should have the right to Equality before law and there should be no discrimination against any citizen on grounds only of religion, race, caste, or sex, place of birth, and no citizen should be subject to any disability, liability, restriction or condition with regard to:

(a) access of shops, public restaurants, hotels and places of public entertainment; or

(b) the use of wells, tanks, bathing, ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

2. The Committee strongly feels that women must attain their just and rightful place in society and their cooperation in the mighty and responsible task of nation building must be secured. Similarly all children born in the State should be ensured equality of opportunity irrespective of accidents of birth and percentage. In order achieve to that end the State should be able to make any special provisions it deems fit for women and children.

3. Untouchability is abolished and its practice in any form shall be forbidden.

4. In conformity with the interests of the people, all citizens shall have right to Freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of the State, to reside and settle in any part of the territory of the State, to acquire, hold and dispose of property subject to the laws of the State and to practice any profession or to carry on any occupation, trade or business.

The State should, however, have powers to impose such restrictions as are considered reasonably by the State Legislature on the exercise of these rights in the interests of general public, security of the State, public order, communal harmony, decency or morally in relation to contempt of court, defamation, or incitement to an offense, or for the protection of the special rights and privileges of the Permanent Residents of the State.

Protection in respect of conviction for offenses and of life and personal liberty shall also be afforded. The provisions and procedure pertaining to preventive detention should follow on the lines of the corresponding provisions in the Fundamental Rights of India.

6. All citizens shall have Right Against exploitation i.e. traffic in human beings and forced labour, employment of children in factories etc. shall be prohibited.

7. Freedom of Religion shall be guaranteed i.e. all citizens shall have the freedom of conscience and shall be free to profess, practice, and propagate any religion and to manage their respective religious affairs.

8. Cultural and educational rights should also be guaranteed by the Constitution. The interests of the minorities should be protected and any section of citizens having a distinct language, script or culture should have the right to conserve the same.

9. Right to property shall be guaranteed, and no person shall be deprived of this property save by authority of Law. This should not, however, in any way effect the existing laws relating to land reforms nor should it prevent the State Legislature to make any further land reforms. Accordingly no law, made by the State Legislature, providing for the acquisition by the State of any land or of any rights therein or for the extinguishment or modification of any such rights shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the aforesaid rights. The existing definition of land shall be preserved.

10. Similarly all these fundamental Rights should be subject to the over-riding condition that:

(i) no law of the State relating to State Subject to be hereafter called 'Permanent Residents' and regulating their rights and privileges; and

(ii) no law hereafter to be made by the State Legislature defining the Permanent Residents, and conferring on them special rights and privileges in relation to acquisition and holding of property in the State or in matter of employment under the State and imposing restrictions on citizens other than Permanent Residents for settling within the State should become void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Part (III) of Constitution of India.

11. The Committee feels that a declaration of Fundamental Rights would be more effective if suitable judicial remedies for the enforcement of these rights are provided and therefore it is proposed that the citizens shall have the right to Constitutional Remedies. In order to ensure the fullest protection in regard to enjoyment of these rights the citizens shall be allowed to seek redress from the highest court i.e. the Suprement Court of India. In order to avoid any possibility of conflict of the Fundamental Rights proposed above and those contained in Part (iii) of the Constitution of India, the Committee feels that the former rights in so far as they vary in certain respects the provisions of the Fundamental Rights of the Union should be reflected in part (iii) of the Constitution of India. The Government of India has already agreed to provide appropriate modifications or exceptions in Part (III) of the Constitution of India to suit the requirements of the State.

As indicated above there should be separate set of Principles which would be fundamental in the governance of the State and shall be intended for the guidance of the State. The Committee recognises that in a democratic State every person must be provided with equal opportunities and adequate minimum of a civilised standard of life. To realise that ideal, however, the State must take resort to economic planning with a view to achieve all sides advance on a country wide scale. Similar other rights, for instance, the right to rest, the right to material security etc. can be ensured only when a stage of industrial development and economic prosperity, as envisaged in 'New Kashmir', is achieved. The Committee, therefore, proposes that the principles of policies set forth below should serve as guidance for the State leading the people towards that end.

I. The State shall within the limits of its economic capacity and development make effective provision for securing the right to work, that is, the right to receive guaranteed work with payment for their labour in accordance with its quantity and quality subject to a basic minimum and maximum wage established by law.

II. The State shall endeavour to secure, by suitable legislation, economic organisation and in other ways, to all workers, industrial or otherwise, better conditions of work ensuring a decent standard of life, full enjoyment of leisure and cultural opportunities.

III. The State shall make provision for securing just and humane conditions of work and for maternity relief for workers.

IV. All permanent residents of the State shall have the right to material security in old age as well as in the event of sickness and loss of capacity to work.

This 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 a wide network of health resorts for the use of working men and women.

The State shall, in particular, direct its policy towards securing:

(i) that the Permanent Residents of the State, men and women equally, have the right to an adequate means of livelihood;

(ii) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(iii) that the operation of free competition shall not be allowed to result in the concentration of the ownership and control of essential commodities in few individuals to the common detriment;

(iv) that the strength and health of workers, men and women, and the tender age of children shall not be abused and that citizens shall not be forced by economic necessity to enter vocations unsuited to their age and strength; and

(v) that childhood and youth are protected against moral and material abandonment;

(vi) every Permanent Resident shall be entitled to free education, and it shall be the duty of the State to provide free education which shall be compul-sory for all children upto the primary standard.

(vii) the State shall promote with special care the edu-cational and economic interests of the socially and educationally backward sections of the people and shall protect them from social injustice and all forms of exploitations.

(viii) the State shall foster and encourage the growth and development of State and regional languages' especially those which are more backward by every possible means including the following:

(i) the establishment of a State Languages Academy where scholars and gramarians shall work to develop these languages by:

(a) perfecting and providing their scripts;

(b) enriching them through foreign translations;

(c) studying their history;

(d) compiling dictionaries and textbooks;

(ii) founding of State scholarships for the study of these languages:

(iii) fostering of local press and publications in in local languages; and

(ix) It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest declared by the Law of the State to be national importance, from spoilation, destruction, removal, disposal or export as the case may be and to preserve and maintain according to the law of the State all such monuments or places or objects.

In the light of the foregoing the committee recommends that:

(i) the Drafting Committee, set up by this House be directed to propose appropriate modifications or exceptions in Part II and Part III of the Constitution of India in their application to the State of Jammu and Kashmir in the light of the recommendations contained in this report; and

(ii) that the Drafting Committee should, while preparing the Draft Constitution of the State incorporate therein the rights and principles indicated above.

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.

Jammu 
Dated: 11th February, 1954.

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

The Jammu and Kashmir Constitution (Amendment) Act 2011

Legal Document No 139

(Extract)

1. Short Title and Commencement:...

(1) This Act may be called the Jammu and Kashmir Constitution (Amendment) Act, 2011.

(2) Except as hereinafter provided, the provisions of this Act shall be deemed to have come into force from 14th May, 1954.

(3) Insertion of new part after section 5 :...After section 5 of the Jammu and Kashmir Constitution Act, 1996 (hereinafter referred to as, ' the said Act') the following new part shall be inserted namely:

PART I (A) 
PERMANENT RESIDENTS

5-A. Every person who is or is deemed to be a citizen of India under the provisions of Part II of the Constitution of India as applied to the State of Jammu and Kashmir under the Constitution (Application to Jammu and Kashmir) Order 1954, shall be a permanent resident of the State of Jammu and Kashmir if at the date of commencement of the Jammu and Kashmir Constitution (Amendment) Act 2011, namely the 1 4th May 1954;

(a) he was a State Subject of Class II as defined in the State Subject Notification No. I-L/84 dated 20th April, 1927 read with Notification No. 13/L dated 27th June, 1932, or

(b) after having acquired immovable property in the Jammu and Kashmir State in pursuance of an Ijazatnama granted under the Ijazatnama Rules for the time being in force, he has been ordinarily resident in the territory of the State for not less than ten years prior to the date of such commencement.

Explanation

All persons who before the commencement of the the Constitution (Application to Jammu and Kashmir) Order 1954 were State Subjects of Class I or Class II as defined in the State Subject Notification No, I-L/84 dated 20th April,1927, read with Notification No. 13/L dated 27th June, 1932, and who having migrated after the first day of March. 1947, to the territory now included in Pakistan return to the State under permit for settlement in the State or permanent return issued by or under the authority of any law made by the State Legislature shall continue to be deemed permanent residents of the State.

Status of permanent residentship of certain juristic persons:... 5-B. Notwithstanding anything contained in the foregoing provisions, of this Act every Company, which, immediately before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, was recognised to be a State Subject within the meaning of State Subject Notification' No. I-L/84 dated 20th April, 1927 shall be deemed to be a permanent resident at such commencement.

Explanation

In this section "Company" shall have meaning assigned: to it in the Jammu and Kashmir Companies Act, 1927.

Continuance of the Status of permanent residentship:...5-C Every person who is or who is deemed to be a permanent resident of the State of Jammu and Kashmir shall subject to the provisions of any law that may be made by the State Legislature, continue to be such permanent resident.

State Legislature to define and regulate the rights of permanent residents by 2/3rds majority:...5-D. The power of the State Legislature to define the term permanent resident of the State and to regulate their special rights and privileges shall be exercisable only by a majority of not less than two thirds of the total membership of the Legislative Assembly.

State Legislature to make Laws respecting the acquisition of the status of permanent resident :... 5-E. Nothing contained in the foregoing provisions shall derogate from the power of the State Legislature to make such laws as it thinks fit with respect to the acquisition of the status of the permanent residents and until the State Legislature enacts provisions in that behalf the existing Ijazatnama Rules shall continue to remain in force and the existing procedure for

obtaining a State Subject Certificate shall be followed for the purpose of securing the certificate of being a permanent resident of the State.

Reference to the term State Subject :... 5- F. Unless the context otherwise requires all references in the existing laws of the State to the expression 'State Subject' shall be construed as references to the "permanent residents of the State".

3. Amendment of section 23 Act XIV of 1996 :... In section 23 of the said Act for the words 'State Subjects' the words "permanent residents of the State" shall be substituted

4. Amendment of section 29, Act XIV of 1996 :... Section 29 of the said Act shall be numbered as sub-section (I) of the said section and after sub-section (I) as so renumbered the following sub-section shall be added, namely:

"Powers, Privileges and Immunities of the Legislative Assembly and its Members and Committee - (2) in other respects, the powers, privileges and immunities of the Legislative Assembly and the Members and the Committees thereof shall be such as may from time to time be defined by law and until so defined shall be those of the Parliament of India and its Members and Committees."

5. Amendment of section 31, Act XIV of 1996 :... In sub-section (3) of section 31 of the said Act for the words "then become an Act and have the force of law" the words "become an Act and have the force of law as soon as it is published in either of the aforesaid languages" shall be substituted.

6. Amendment of section 37, Act XIV of 1996...In section 37 of the said Act for the words "a member of Board of Judicial Advisors" the words "any Judge of the Supreme Court of India" shall be substituted.

 7. Amendment of section 43, Act XIV of 1996 ...In section 43 of the said Act:

(i) in clause (c) the words "and the members of Board of Judicial Advisors" shall be deleted and (ii) after clause (d) the following new clause shall be inserted, namely:

"(dd) The salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly."

8. Amendment of section 54, Act XIV of 1896...In section 54 of the said Act for the words "Coat of Arms" the words "State Emblem" shall be substituted.

9. Amendment of section 56, Act, XIV of 1996 .. In sub-section (2) of section 55 of the said Act, for the words 'Rupees ten thousand" the words "Rupees twenty thousand" shall be substituted.

(ii) this section shall come into force from the date of publication of this Act in the Government Gazette.

10. Omission of section 62, Act XIlV of 1996 - Section 62 of the said Act shall be omitted.

11. Insertion of new section after section 62, Act XIV of 1996 - After section 62 of the said Act, the following new section shall be inserted, namely:

"62A. If the High court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Act or the Constitution of India as applied to the State by the Constitution (Application to Jammu and Kashmir) Order, 1954. the determination of which is necessary for the case, it shall withdraw the case and may - 

(a) either dispose of the case itself, or

(b) determine the said question of law and return the case to the Court from which the case has been so withdrawn together with a copy of its Judgment on such question and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

12. Insertion of new section 66 - A, Act XIV of 1996 ... After section 66 of the said Act the following new section shall be inserted, namely:

"66 - A. If at any time it appears to the Council that a question of law or fact has arisen, or is likely to arise, which if of such a nature and of such public importance that it is expedient to obtain the opinion of the High court upon it, it may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the Council its opinion thereon."

 13. Omission of section 71, Act XIV of 1996 Section 71 of the said Act shall be omitted.

14. Omission of section 75, Act XIV of 1996... Section 75 of the said Act shall be omitted.

15. Insertion of new section 76-A, Act XIV of 1996... After section 76 of the said Act the following new section shall be inserted, namely:

"Saving as regards Letters Patent 76-A :...The provision of the Letters Patent granted to the High Court on 28th May,1943 shall continue to remain in force except in so far as these are inconsistent with the provisions of this Act or of any other law for the time being in force."

16. Amendment of Schedule I-A, Act XIV of 1996 ...In form "C" of Schedule I-A of the said Act the words "for the members of the Board of Judicial Advisors and", occurring in the long title, and the words "President/a member of the Board of Judicial Advisors", in the text of the oath shall be omitted.

The Constitution of Jammu and Kashmir

Legal Document No 140

(Extract)

We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves.

JUSTICE, social, economic and political; 
LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among us all; 
FRATERNITY, assuring the dignity of the individual and the unity of the Nation;

IN OUR CONSTITUENT ASSEMBLY This seventeenth day of November, 1956 do Hereby Adopt Enact and Give to ourselves this constitution.

PART I 
PRELIMINARY

1. (1) this Constitution may be called the Constitution of Jammu and Kashmir.

 (2) This section and sections 2,3,4,5,6,7,8, and 158 shall come into force et once and the remaining provisions of this constitution shall come into force on the twenty-sixth day of January, 1957, which day is referred to in this Constitution as the commencement of this Constitution.

2. (I) In this Constitution, unless the context other-wise 
requires.

(a) "Constitution of India" means the Constitu-tion of India as applicable in relation to this State.

(b) "existing law" means any law, ordinance, order bye-law, rule notification; or regulation based, made or issued before the commence-ment of this Constitution by the Legislature or other competent authority or person hav-ing power to pass. make or issue such law, ordinance, order bye-law rule, notification or regulation;

(c) "Part" means a part of this Constitution;

(d) "Schedule" means a schedule to this Constitution; and

(e) "taxation" includes the imposition of any tax or impost, whether general or local or special, and "tax" shall be construed accordingly.

(2) Any reference in this Constitution to Acts or laws of the State Legislature shall be construed as in-cluding a reference to an Ordianance made by the Sadar-i-Riyasat.

PART II 
THE STATE

(3) The State of Jammu and Kashmir is and shall be an integral part of the Union of India.

(4) The territory of the State shall comprise all the territories which on the fifteenth day of August, 1947, were under the sovereignty or suzerainty of  the Ruler of the State.

(5) The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India.

PART III 
PERMANENT RESIDENTS

(6) (l) Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954.

(a) he was a State subject of class I or of class II: or

(b) having lawfully acquired immovable pro-perty in the State, he has been ordinarily resident in the State for not less than ten years prior to that date.

(2) Any person who, before the fourteenth day of May, 1954 was a State subject of Class I or of Class II and who, having migrated after the first day of March, 1947, to the territory -now included in Pakistan, returns to the State under a permit for resettlement in the State or for permanent return issued by or under the authority of any law made by the State Legislature shall on such return be a permanent resident of the State.

(3) In this section, the expression "State subject of Class I or of Class II" shall have the same -meaning as the State Notification No I-L/84 dated the twentieth April. '1927, read with State Notification No 13/L dated the twenty- seventh June, 1932.

7. Unless the context otherwise requires, all referen-ces in any existing law to hereditary State subject or to State subject of class I or of Class II or of class III shall be construed as references to perma-nent residents of the State.

8. Nothing in foregoing provisions of this part shall derogate from the power of the State legislature to make any law defining the classes the persons who are, or shall be permanent residents of the State.

9. A Bill marking provision for any of the following matters, namely.

(a) defining or altering the definition of, the classes of persons who are, or shall be, per-manent residents of the State;

(b) conferring on permanent residents any special rights or privileges;

(c) regulating or modifying any special rights or privileges enjoyed by permanent residents; 
shall be deemed to be passed by either House of the Legislature only if It is passed by a majority of not less than two-thirds of the total membership of that House.

10. The permanent residents of the State shall have all the rights guaranteed to them under the Constitution of India.

PART IV 
DIRECTIVE PRINCIPLES OF STATE POLICY

11. In this part, unless the context otherwise requires, the State includes the Government and the Legis-lature of the State and all local or other authori-ties within the territory of the State or under the control of the Government of the State.

12. The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the State and it shall be the duty of the State to apply these principles in making laws.

13. The prime object of the State consistent with the ideals and objectives of the freedom movement envisaged in "New Kashmir" shall be the pro-motion of the welfare of the mass of the people by establishing and preserving a socialist order of society wherein all exploitation of man has been abolished and wherein justice-social, economic and political-shall inform all the institutions of natio-nal life.

14. Consistently with the objectives outlined in the foregoing section, the State shall develop in a planed manner the productive forces of the coun-try with a view to enriching the material and cul-tural life of the people and foster and protect.

(a) the public sector where the means of produc-tion are owned by the State;

(b) the co-operative sector where the means of 
production are co-operatively owned by indi-viduals or groups of individuals; and

(c) the private sector where the means of produc-tion are owned by an individual or a corpora-tion employing labour, provided that the operation of this sector is not allowed to result in the concentration of wealth or of the means of production to the common detriment.

15. The State shall endeavour to organise and develop agriculture and animal husbandry by bringing to the aid of the cultivator tile benefits of modern and scientific research and techniques so as to ensure a speedy improvement in the standard of living as also the prosperity of the rural masses.

16. The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

17. The State shall, in order to rehabilitate, guide and promote the renowned crafts and cottage indus-tries of the State, initiate and execute well consi-dered programmes for refining and modernising techniques and modes of production, including the employment of cheap power so that unnece-ssary drudgery and toil of the workers are elimi-nated and the artistic value of the products en-hanced, while Else fullest scope is provided for the encouragement and development of individual talent and initiative.

18. The State shall lake steps to separate the judiciary from the executive in the public-services, and shall seek to secure a judicial system which is humane, cheap, certain, objective and impartial, whereby justice shall be done and shall be seen to be done and shall further strive to ensure efficiency, im-partiality and incorruptibility of its various organs of justice, administration and public utility.

19. The State shall, within the limits of its economic capacity and development, make effective provi-sion for securing:

(a) that all permanent residents, man and women equally, have the right to work, that is, the right to receive guaranteed work with pay-ment for labour in accordance with its quan-tity and quality subject to a basic minimum and maximum wage established by law;

(b) that the health and strength of workers, men and women and the tender age of children are not abused and that permanent residents are not forced by economic necessity to enter avocations unsuited to their sex, age or strength;

(c)    that all workers, agricultural or otherwise have reasonable, just and humane conditions of work with full enjoyment of leisure and social and cultural opportunities, and

(d) that all permanent residents have adequate maintenance in old age as well as in the event of sickness, disablement unemployment and other cases of undeserved want by providing social insurance, medical aid, hospitals, sana-toria and health resorts at State expense.

20. The State shall endeavour:

(a) to secure to every permanent resident the right to free education upto the University standard;

(b) to provide, within a period often years from the commencement of this constitution, com-pulsory education for all children until they complete the age of fourteen years; and

(c) to ensure to all workers and employees ade-quate facilities for adult education and part -time technical, professional and vocational courses.

21. The State shall strive to secure:

(a) to all children the right to happy childhood with adequate medical care and attention; and

(b) to all children and youth equal opportunities in education and employment, protection against exploitation, and against moral or material abandonment.

22. The State shall endeavour to secure to all women:

(a) the right to equal pay for equal work;

(b) the right to maternity benefits as well as ade-quate medical care in all employments;

(c) the right reasonable maintenance, extending to cases of married women who have been divorced or abandoned;

(d) the right to full equality in all social, educa-tional, political and legal matters; and

(e) special protection against discourtesy, defama-tion, hoolganism and other forms of miscon-duct.

23. The State shall guarantee to the socially and edu-cationally backward sections of the people special care in the promotion of their educational, mate rial and cultural interests and protection against social injustice.

24. The State shall make every effort to safeguard and promote the health of the people by advancing public hygiene and by prevention of disease through sanitation, pest and vermin control, propaganda and other measures, and by ensuring widespread, efficient and free medical services throughout the State and, with particular emphasis, in its remote and backward regions.

25. The State shall combat ignorance, superstition, fanaticism, communialism, racialism, cultural 
backwardness and shall seek to foster brotherhood and equality among all communities under the aegis of a secular State.

PART V 
THE EXECUTIVE 
THE SADAR-I-RIYASAT

26. (1) The Head of the State shall be designated as the Sadar-i-Riyasat.

(2) The executive power of the State shall be vested in the Sadar-i-Riyasat and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(3) Nothing in this Section shall:

(a) be deemed to transfer to the Sadar-i--Riyasat any functions conferred by any existing law on any other authority; or

(b) prevent the State legislature from confer-ring by law functions on any authority subordinate to the Sadar-i-Riyasat.

27. The Sadar-i-Riyasat shall be the person who for the time being is recognised by the President as such: 
Provided that no person shall be so recognised unless he:

(a) is a permanent resident of the state; 
(b) is not less than twenty-five years of age; and 
(c) has been elected as Sadar-i-Riyasat by a majority of the total membership of the Legislative Assembly in the manner set out in the First Schedule.

28. (1) The Sadar-i-Riyasat shall hold office during the pleasure of the President.

 (2) The Sadar-i-Riyasat may, be writing under his hand addressed to the President, resign his office.

(3) Subject to the foregoing provision of this section, the Sadar-i-Riyasat shall hold office for a term of five years from the date on which he enters upon his office:

Provided that he shall notwithstanding the expiration of his term, continue to hold office until his successor enters upon his offlee.

29. A person who holds or has held office as Sadar-i-Riyasat shall, subject to the other provisions of this Constitution, be eligible for reselection to that office.

30. (1) The Sadar-i-Riyasat shall not be a member of either House of Legislature and if a member of either House be elected and recognised as Sadar-i-Riyasat, he shall be deemed to have vacated his seat in the House on the date on which he enters upon his office as Sadar-I-Riyasat.

(2) The Sadar-i-Riyasat shall not hold any other office of profit.

(3) The Sadar-i-Riyasat shall be entitled to such emoluments, allowances and privileges as are specified in the second schedule.

(4) The emoluments and allowances of the Sadar-i-Riyasat shall not be diminished during his term of office.

31. The Sadar-i-Riyasat and every person acting as Sadar-i-Riyasat shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court, or in his absence, the senior-most judge of the High Court available, in an oath or affirmation in the following form that is to sayed "I, A. B., do swear in the name of God that I will faithfully discharge the functions of the Sadar-I-Riyasat of Jammu and Kashmir and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well being of the people of State."

32. The Sadar-i-Riyasat may be removed from his office by the President if an address by the Legis-lative Assembly supported by a majority of not less than two-thirds of its total membership is presented to the president praying for such removal on the ground of violation of the Constitution.

33. When a vacancy occurs in the office of the Sadar-i-Riyasat by reason of his death, resignation or removal or when the Sadar-i-Riyasat is unable to discharge his functions owing to absence, illness or or any other cause, the functions of the office shall, until the assumption of office by a newly elected Sadar-i-Riyasat or the resumption of duties by the Sadar-i-Riyasat, as the case may be, dis-charged by such person as the President may on the recommendation of the Council of Ministers of the State, recognise as the acting Sadar-i-Riyasat.

34. The Sadar-i-Riyasat shall have the power to grant pardons, reprieves, respites or remissions of punish-ment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.

THE COUNCIL OF MINISTERS

35. (1) There shall be a council of Ministers with the Prime Minister at the head to aid and advise the Sadar-i-Riyasat in the exercise of his functions.

All functions of the Sadar-i-Riyasat except those under sections 36, 38 and 92 shall be exercised by him only on the advice of the Council of Ministers.

(3) The question whether any, and if so what, advice was tendered by Ministers to the Sadar-i-Riyasat shall not be inquired into in any court.

36. The Prime Minister shall be appointed by the Sadar-i-Riyasat and the other Ministers shall be appointed by the Sadar-i-Riyasat on the advice of The Prime Minister.

37. (1) The Council of Ministers shall be collectively responsible to the Legislative Assembly.

(2) A Minister who for any period of six conse-cutive months is not a member of either House of Legislature shall upon the expiry of that period cease to be a Minister.

38. The Sadar-i-Riyasat may on the advice of the Prime Minister appoint from amongst the members of either House of Legislature such number of Deputy Ministers as may be necessary.

39. The Ministers and the [Deputy Ministers shall hold office during the pleasure of the Sadar-i--Riyasat.

40. Before a Minister or a Deputy Minister enters upon lids office, the Sadar-i-Riyasat or, in his absence, any person authorised by him, shall administer to the Minister or the Deputy Minister to oaths of office and of secrecy according to the form set out for the purpose in the Fifth Schedule.

41. The salaries and allowances of Ministers and Deputy Ministers shall be such as the Legislature relay from time to time by law determine and, until so determined, shall be such as are payable respectively to the Ministers and the Deputy Ministers under the Jammu and Kashmir Minister s Salaries Act, 1956 (Act VI of 1956) the Jammu and Kashmir Minister's Travelling Allowances Rules for the time being in force, and the Jaminu and Kashmir Deputy Ministers Salaries and Allowances Act. S. 2010 (Act VIII of S.2010)

THE ADVOCATE GENERAL

42. (1) The Sadar-i-Riyasat shall appoint a person who is qualified to be appointed a Judge of the High Court, to be Advocate General for the State.

(2) It shall be the duty of the Advocate General to give advice to the Government upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Govern-ment, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.

(3) In the performance of his duties, the Advocate General shall have the right of audience in all courts in the State.

(4) The Advocate General shall hold office during the pleasure of the Sadar-i-Riyasat and receive such remuneration as the Sadar-i-Riyasat may determine.

CONDUCT OF GOVERNMENT BUSINESS

43. The Sadar-i-Riyasat shall make rules for the more 
convenient transaction of the business of the 
Government of the State and for the allocation 
among Ministers of the said business.

44. It shall be the duty of the Prime Minister

(a) to communicate to the Sadar-i-Riyasat all decisions of the council of Ministers relating to the administration of the affairs of the State and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Sadar-i-Riyasat may call for; and

(c) if the Sadar-i-Riyasat so rqeuires to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

45. (1) All executive action of the Government shall be expressed to be taken in the name of the Sadar-i-Riyasat of the Jammu and Kashmir.

(2) Orders and other instruments made and executed in the name of the Sadar-i-Riyasat or of the Government of Jammu and Kashmir shall be authenticated in such manner as may be specified in the rules to be made be the Sadar-i-Riyasat, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Sadar-i-Riyasat or as the case may be, by the Government of Jammu and Kashmir.

PART VI 
THE STATE LEGISLATIVE

COMPOSITION OF THE STATE LEGISLATURE

46. There shall be Legislature for the State which shall consist of the Sadar-i-Riyasat and two Houses be known respectively as the Legislative Assembly and the Legislative Council.

47. (1) The Legislative Assembly shall consist of one hundred members chosen by direct election from territorial constituencies in the State; 
Provided that the Sadar-i-Riyasat may, if he is of opinion that women are not adequately represented in the Assembly nominate not more than two women to be members thereof. 

(2) For the purposes of sub-section (I), the State shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State. Explanation: In this sub-section, the express-ion "Population' means the population as ascertained at the last preceding census of which the relevant figures have been published.

(3) Upon the completion of each census, the number, extent and boundaries of the territor-ial constituencies shall be readjusted by such authority and in such manner as the Legislature may be law determine: 
Provided that such readjustment shall not affect representation in the Legislative Assemb until the disolution of the then exist-ing Assembly.

48. Notwithstanding anything contained in section 47, until the area of the State under the occuptions of Pakistan ceases to so occupied and the people residing in that area elect their representatives

(a) twenty-five seats in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total member-ship of the Assembly; and the said area shall be excluded in delimiting the territorial Constituencies Under Section 47.

49. (I) There shall be reserved in the Lagislative Assembly for the Scheduled Castes in the State a number of seats which shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the popu-lation of the Scheduled Castes bears to the population of the State.

Explanation: In this sub-section:

(a) "population" has the same meaning as in sub-section (2) of section 47; and 
(b) "Scheduled Castes" means the caste, races or tribes or part of, or groups within castes, races or tribes which are for the purposes of the Constitution of India deemed to be Scheduled Casts in relation to the State under the pro-visions of article 341 of that Constitution.

(2) The provisions of sub-section (1) shall cease to have effect on the expiration of a period of five years from the commencement of this Constitution:

Provided that such cesser shall not affect any representation in the Legislative Assembly until the dissolution of the then existing Assembly:

50. (1) The Legislative Council shall consist of thirty six members, chosen in the manner provided in this section.

(2) Eleven members shall be elected by the men hers of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir and are not members of the Legislative Assembly.

(3) Eleven members shall be elected by the mem-bers of the Legislative Assembly from amongst persons who are residents of the Province of Jammu and are not members of the Legislative Assembly. 
Provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District.

(4) One member shall be elected by each of the following electorates, namely

(a) the members of municipal council, town area committees and notified area com-mittees in the Province of Kashmir;

(b) the members of municipal council, town area committees, and notified area committees in the Province of Jammu;

(c) permanent residents who have been for at least three years engaged in teaching in educational institutions recognised by the Government in the Province of Kashmir; and

(d) permanent residents who have been for at least three years engaged in teaching in educational institutions recognised by the Government in the Province of Jammu.

(5) Two members shall be elected by each of the following electorates, namely:

(a) the members of the Panchayats and such other local bodies in the Province of Kashmir as the Sadar-i-Riyasat may by order specify; and

(b) the members of the Panchayats and such other local bodies in the Province of Jammu as the Sadar-i-Riyasat may by order specify.

(6) Six members shall be nominated by the Sadar-i-Riyasat, not more than three of whom shall be person belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experi-ence in respect of matters such as literature, science, art, co-operative movement and social service.

(7) Elections under sub-section (2) and (3) shall be held in accordance with the system of pro-portional representation by means of the single transferable vote.

GENERAL PROVISIONS

51. A person shall not be qualified to be chosen to fill a seat in the Legislature unless he:

(a) is a permanent resident of the State;

(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in the Legisla-tive Council, not less than thirty years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Legislature.

52. (1) The Legislative Assembly, unless sooner dis-solved, shall continue for five years from the date appointed for its first meeting and not longer, and the expiration of the said period of five years shall operate as a dissolution of the Assembly; 
Provided that the said period may, while a Proclamation of Emergency issued under arti-cle 352 of the Constitution of India is in operation, be extended by the State Legislature by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

(2) The Legislative Council shall not be subject to dissolution but as nearly as possible one-third of the members thereof shall retire, as soon as may be, on the expiration of every second year in accordance with the provisions made in that behalf by Legislature by law.

53. (1) The Sadar-i-Riyasat shall from time to time summon each House of the Legislature to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. 

(2) The Sadar-i-Riyasat may from time to time...

(a) prorogue the House or either house (b) dissolve the Legislative Assembly.

54. (1) The Sadar-i-Riyasat may address either House of Legislature, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The Sadar-i-Riyasat may send messages to either House, whether with respect to a Bill then bending in the Legislature, or otherwise and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

55. (1) At the commencement of the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Sadar-i-Riyasat shall address both Houses of Legislature assembled together and inform the Legislature of the cause of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allot-ment of time for discussion of the matters reffered to in such address.

56. Every Minister and the Advocate General shall have the right to speak in, and otherwise to take part in the proceedings, of both Houses and to speak in, and otherwise to to take part in the proceedings of, any Committee-of the Legislature of which he may be named a member, but shall not, by virtue of this section, be entitled to vote.

OFFICERS OF THE STATE LEGISLATURE

57. The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be res-pectively Speaker and Deputy Speaker thereof and, so often at office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker, or Deputy Speaker, as the case may be.

58. A member holding office as Speaker or Deputy Speaker of the Legislative Assembly:

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolu-tion of the Assembly passed by a majority of all the then members of the Assembly;

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days notice has been given of the intention to move the resolution.

Provided further that, whenever the Assembly is dissolved, the Speaker that not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

59. (1) While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is also vacant, by such member of the Assembly as the Sadar-i-Riyasat may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the Deputy speaker or, if he is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

60. (1) At any sitting of the Legislative Assembly, while any resolution for the removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker shall not, though he is present, preside and the provisions of sub-section (2) of section 59 shall apply inrelation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of the Legislative Assembly while any resolu-tion for his removal from office is under con-sideration in the Assembly and shall, notwith-standing anything in section 67, be entitled to vote only in the first instance on such resolu-tion or on any other matter during such pro-ceedings but not in the case of an equality of votes.

61. (1) The Legislative Council shall, as soon as may be, choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office of the Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

 (2) The provisions of sections 58,59 and 60 shall apply in relation to the Chairman and Deputy Chairman of the Legislative Council with the 
substitution of the words "Chairman" and "Council" for the words "Speaker" and "Assembly" respectively wherever they occur in those provisions, and with the omission of the further proviso to section 58.

62. There shall be pay to the speaker and the  the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by Legislature by law and, until provi-sion in that behalf is so made, such salaries and allowances as are specified in the Third Schedule.

63. (1) Each House of the Legislature shall have a separate secretarial Staff:

Provided that nothing in this sub-section shall be construed as preventing the creation of posts common to both Houses.

(2) The Legislature may by law regulate the re-cruitment, and the conditions of service of persons appointed, to the secretarial staff of each House.

(3) Until provision is made by the Legislature under sub-section (2), the Sadar-i-Riyasat may, after consultation with the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be, make rules regulating the recruitment, and the con-ditions of service of persons appointed, to the secretarial staff of the Assembly or the Council, and any rules so made shall have effect subject to the provisions of any law made under the said sub-section.

CONDUCT OF BUSINESS

64. Every member of the Legislative Assembly or the Legislative Council shall before taking his seat, make and sub-scribe before the Sadar-i-Riyasat or some person appointed in that behalf by him an oath or affirmation according to the form set out for the purpose in the Fifth Schedule.

65. Save as otherwise provided by the rules of proce-dure of the House, the quorum to constitute a meeting of the Legislative Assembly and of the Legislative Council shall be twenty and ten re-spectively.

66. A House of the Legislature shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature shall be valid notwithstanding that it is discovered subsequently that some person who was not entitl-ed so to do sat or voted or otherwise took part in the proceedings.

67. (1) Save as otherwise provided in this Constitu-tion, all questions at any sitting of a House of the Legislature shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such.

(2) The Speaker or Chairman, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

DISQUALIFICATIONS OF MEMBERS

68. (1) No person shall be a member of both Houses of the Legislature and provision shall be made by Legislature by law for the vacation by a person who is chooser a member of both Houses of his seat in one House or the other.

(2) If a member of a House of the Legislature resigns his seat by writing under his hand addressed to tile Speaker or the Chairman, as the case may be, his s at shall thereupon become vacant.

(3) If for a period of sixty days a member of a House of the Legislature is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be taken of:

(a) such absence caused by reason beyond his control; or

(b) any period during which the House is prorogued or is adjourned for more than four consecutive days.

69. (1) A person shall be disqualified for being chosen and for being a member of the Legislative Assembly or Legislative Council:

 (a) if he holds any office of profit under the Government of India or the State Govern-ment within the Union of India, other than an office declared by Legislature by law not to dis-qualify its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a permanent resident of the State or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance to adherence to a foreign State;

(e) if he is so disqualified by or under any law made by the Legislature.

(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India, the State Government or any other State Government vithin the Union of India, by reason only that he is a Minister, or a Deputy Minister.

70. (1) If it is represented to the Speaker or the  Chairman that a member of the Legislative Assembly or, as the case may be, of the Legis-lative Council is disqualified for being such a member under the provisions of section 69, or 
was so disqualified at any time since being chosen as a member and the member does not admit that he is or was so disqualified, the question shall be referred to the High Court decision and its decision shall be final:

Provided that w here the disqualification in question arises from circumstances which subsisted at the time of his being chosen as such member, no such representation as aforesaid shall be entertained:

(a) unless it is made after the expiration of the period by law for presenting an elec-tion petition calling in question the election of the member; and

(b) if such an election petition is pending or has been tried, unless the Speaker or Chairman as the case may be is satisfied that the question of the members' disquali-fication by reason of those circumstances has not been raised or, as the case may be, was not raised, in the proceedings on the election petition.

(2) Where on a representation made under sub-section (I) the member admits that he is or w. s disqualified under the provisions of section 69, or where on a reference made under that sub-section the High Court decides that the member is or was so disqualified, his seat shall thereupon become vacant.

71. If a person sits or votes as a member of the Legislative Assembly or the Legislative Council before he has complied with the requirements of section 54 or when he knows that he is not quali-fied or that he is disqualified for membership thereof or that he is prohibited from so doing by the provisions of any law made by the Legislature, he shall be liable in respect of each day on which he so sits or votes to a penalty of one hundred rupees to be recovered as a debt due to the State.

POWERS, PRIVILEGES AND IMMUNITIES OF THE STATE LEGISLATURE AND ITS MEMBERS

72. (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature.

(2) No member of the Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of a House of the Legislature of any report, paper, votes, or proceedings.

(3) In other respects, the powers, privileges and immunities of a House of the Legislature and- of the members and the committees of a House of the Legislature shall be such as may from time to time be defined by Legislature by law, and until so defined shall be those of the Parliament of India and of its members and committees.

(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right t o speak, in and otherwise to take part in the proceedings of, a House of the Legislature or any committee thereof as they apply in relation to members of that Legislature.

73. Members of the Legislative Assembly and the Legislative Council shall be entitled to receive such salaries and allowances as may from time to time be determined by Legislature by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Constituent Assembly.

LEGISLATIVE PROCEDURE

74. (1) Subject to the provisions of sections 76 and 84 with respect to Money Bills and other Finan-cial Bills, a Bill may originate in either House of the Legislature.

(2) Subject to the provisions of sections 75 and 76 a Bill shall not be deemed to have been passed by the Legislature unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

(3) A Bill pending in the Legislature shall not lapse by reason of the prorogation of the House or House thereof.

(4) A Bill pending in the Legislative Council which has not been passed by the Legislative Assembly shall not lapse on a dissolution of the Assembly.

(5) A Bill which is pending in the Legislative Assembly or which having been passed by the Legislative Assembly, is pending in the Legi-slative Council, shall lapse on a dissolution of the Assembly

75. (1) If after a Bill has been passed by the Legisla-tive Assembly and transmitted to the Legisla-tive Council:

(a) the Bill is rejected by the Council; or

(b) more than three months elapse from the date on which the Bill is laid before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree; the Legisl-ative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subse-quent session with or without such amendments, if any, as have been made suggested or agreed to by the Legislative Council and then transmit the Bill as so passed to the Legislative Council.

(2) If after a Bill has been so palmed for the se-cond time by the legislative Assembly and transmitted to the Legislative Council:

(a) the Bill is rejected by the Council; or

(b) more shall one month elapses from the date on which the Bill is laid before the Council without the Bill being passed by it; or 

(c) the Bill is passed by the Council with amendments to which the Legislative Assembly does not agree;

the Bill shall be deemed to have been passed by the Houses of the Legislature in the form in which it passed by the Legislative Assembly for the second time with such amendments, if any, as have been made or suggested by the Legislative Council and agreed to by the Legislative Assembly.

(3) Nothing in this section shall apply to a Money Bill.

76. (1) A Money Bill shall not be introduced in the Legislative Council.

(2) After a Money Bill has been passed by the Legislative Assembly, it shall be transmitted to the Legislative Council for its recommenda-tions and the Legislative Council shall within a period of fourteen days from the date of its receipt of the Bill return the Bill to the Legis-lative Assembly with its recommendations, and the Legislative Assemble may there upon either accept or reject all or any of the recom-mendations of the Legislative Council.

(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bil] shall deemed to have been passed by both Houses with the amend-ments recommended by the Legislative Coun-cil and accepted by the Legislative Assembly.

(4) If the Legislative Assembly does not accept any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses in the form which it was passed by the Legislative Assembly without any of the amendments recommended by the Legislative Council.

5. If a Money Bill passed by the Legislative Assembly and transmitted to the Legislative Council for its recommendations is not returned to the Legislative Assembly within the said period of fourteen days, it shall be deemed to have been passed by both Houses at the expiration of the said period in the form in which it was passed by the Legislative Assembly.

77. (1) For the purposes of the part, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters namely:

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the regulation of the borrowing of money or the giving of any guarantee by the State, or the amendment of the law with respect to any financial obligations under-taken or to be undertaken by the State;

(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of money into or the with-drawal of moneys from any such Fund:

(d) the appropriation of moneys out of the Consolidated Fund of the State;

(e) the declaring of any expenditure to be expenditure charges on the consolidated Fund of the State, or the increasing of the amount of any such expenditure;

(f) the receipt of money on account of the Consolidated Fund of the State or the public account of the State or the custody or issue of such money; or any matter incidental to any of the matters specified in clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties or for the demand or payment of fees for lice-nces or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill introduced in the Legislature is a Money Bill or not, the decision of the Speaker of the Legislative Assembly thereon shall be final.

(4) There shall be endorsed an every Money Bill when it is transmitted to the Legislative Council under section 76 and when it is pre-sented to the Sadar-i-Riyasat for assent under section 78, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

78. When a Bill has been passed by both Houses of the Legislature, it shall be presented to the Sadar--i-Riyasat and the Sadar-i-Riyasat shall declare either that he assents to the Bill or that he with-holds assent therefrom. 
Provided that the Sadar-i-Riyasat may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desira-bility of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the Sadar-i-Riyasat for assent, the Sadar-i-Riyasat shall not withhold assent therefrom.

PROCEDURE IN FINANCIAL MATTERS

79. (1) The Sadar-i-Riyasat shall in respect of every financial year cause to be laid before both Houses of the Legislature a statement of the estimated receipts and expenditure of the State for that year, in this part referred to as the "annual financial statement." (2) The estimates of expenditure embodied in the annual financial statement shall show separately

(a) the sums required to meet expenditure described by this constitution as expendi-ture charged upon the Consolidated Fund of the State; and

(b) the sums required to meet other expendi-ture proposed to be made from the con-solidated Fund of the State; and shall distinguish expenditure on revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the consolidated fund of the State:

(a) the emoluments and allowances of the Sadar-i-Riyasat and other expenditure relating to his office;

(b) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative Assembly and of the Chairman and the Deputy Chairman of the Legislative Council;

(c) debt charges for which the State is liable including interest, sinking fund charges and redemption charges. and other expenditure relating to the raising of loans and the service and redemption of debt;

(d) expenditure in respect of the salaries and allowances of the Judges of the High Court;

(e) any sums required to satisfy any judge-ment decree or award of any Court or arbitral tribunal;

(f) any other expenditure declared by this Constitution, or by Legislature by law, to be so charged.

80. (1,) So much of the estimates as relates to expen-diture changed upon the Consolidated Fund of the State shall not be submitted to the vote of the Legislative Assembly, but nothing in this sub-section shall be construed as preven-ting the discussion in the Legislature of any those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Sadar-i--Riyasat.

(1) As soon as may be after the grants under section 80 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated fund of the State of all moneys required to meet:

(a) the grants so made by the Assembly; and (b) the expenditure charged on the Consoli-dated Fund of the State but not exceed-ing in any case the amount shown in the statement previously laid before the Houses.

(23 No amendment shall be proposed to any such Bill in either House of the Legislature which will have the effect of varying the amount or altering the destination of any grant to made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to whether an amendment is inadmissible under the sub-section shall be final.

(3) Subject to the provisions of sections 89 and 83, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accor-dance with the provisions of this section

12. (1) The Sadar-i-Riyasat shall:

(a) if the amount authorised by any law made in accordance with provisions of section 81 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplemen-tary or additional expenditure upon some new service not contemplated in the annual financial statement for that year; or

(b) if any money has been spent on any ser-vice during a financial year in excess of the amount granted for the service and for that year, cause to be laid before the Houses of the Legislature another statement showing the estimated amount of that expenditure or cause to be presented to the Legis-lative Assembly a demand for such excess, as the case may be.

(2) The provisions of sections 79, 80 and 81 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial state-ment and the expenditure mentioned therein or to a demand for grant and the law to be 'made for the authorization of appropriation of moneys out of the Consolidated Fund of the state to meet such expenditure or grant.

83. (1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assem-bly shall have power:

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 80 for the voting of such grant and the pas-sing of the law in accordance with the provisions of section 81 in relation to that expenditure;

(b) to make a grant for meeting an unexpec-ted demand upon the resources of the State when on account of the magnitude or the indefinite character of the services the demand cannot be stated with the details ordinarily given in an annual financial statement;

(c) to make an exceptional grant which forms no part of the current service of any financial year; 
and the Legislature shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.

(2) The provisions of sections 80 and 81 shall have effect in relation to the making of any grant under sub-section (1) and to law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned h1 the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.

84. (1) A bill or amendment making provision for any of the matters specified in clauses (a) to (f) of sub-section (1) of section 77 shall not be introduced or moved except on the recom-mendation of the Sadar-i-Riyasat, and a Bill making such provision shall not be introdu-ced in the Legislative Council:

Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the matters afore-said by reason only that it provides for the. imposition of fines or other pecuniary penal-ties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation. would involve expenditure from the Consolidated Fund of the State shall not be passed by a House of the Legislature unless the Sadar-i-Riyasat has recommended to that House the consideration of the Bill.

PROCEDURE GENERALLY

85. (1) A House of the Legislature may make rules for regulating, subject to the provisions of this Constitution, its procedure and the con-duct of its business.

(2) Until rules are made under sub-section (1), the rules of procedure and standing orders in force immediately before the commencement of this Constituent Assembly while discharging the functions of the Legislative Assembly shall have effect in relation to each House of the Legislature subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.

(3) The Sadar-i-Riyasat, after consultation with the Speaker of the Legislative Assembly and the Chairman of the Legislative Council, may make- rules as to the procedure with respect to communications between the two Houses.

86. The Legislature may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in. the House of the Legislature in relation to any financial matter or to any Bill for the appropria-tion of moneys out of the Consolidated Fund of the State, and, if and so far as any provision of any law so made is inconsistent with any rule made by either House of the Legislature under sub-section (I) of section 85 or with any rule of standing order having effect in relation to either House of the Legislature under sub-section (2) of that section such provisions shall prevail.

87. Business in the Legislature shall be transacted in Urdu or in English.

(1) Provided that the Speaker of the Legislative Assembly or the Chairman of the Legislative Council or person acting as such, as the case may be, may permit any member to address the House in Hindi, or if he cannot adequa-tely express himself in any of the aforesaid languages, to address the House in his mother-tongue.

(2) The official records of the proceedings in the Legislature shall be kept in Urdu as well as in English.

(3) The text of all Bills and amendments there of moved in and of all Acts passed by the Legis-lature which shall be treated as authoritative, shall be in English.

88. No discussion shall take place in the Legislature with respect to the conduct of any Judge of the Supreme Court or of the High Court in the discharge of his duties.

89. (1) The validity of any proceedings in the Legis-lature shall not be called in question -on the gro-unds of any alleged irregularity of procedure.

 (2) No officer or member of the Legislature in  whom powers are vested by or under this Constitution for regulating procedure or the conduct of Business, or for maintaining order, in the Legislature shall be subject to the juris-diction of any court in respect of the exercise by him of those powers.

90. No Act of the Legislature and no provision in any such Act shall be invalid by reason only that some recommendation required by this Constitution was not given, if assent to that Act was given by the Sadar-i-Riyasat. 
Legislative power of the Sadar-i-Riyasat:

91. (1) If at any time, except when both Houses of the Legislature are in session, the Sadar-i-Riyasat is satisfied that circumstances exist which render it necessary for him to take immediate action; he may promulgate such Ordinances as the circums-tances appear to him to require. 
Provided that the power of making Ordinance under this Section shall extend only to those matters with respect to which the Legislature has power to make laws.

(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislature assented to by the Sadar-i-Riyasat, but every such Ordinance:

(a) shall be laid before both the Houses of the Legislature, and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislature, or if be-fore tile expiration of that period a reso-lution disapproving it is passed by the Legislative Assembly and agreed to by Legislative Council, upon the resolution being agreed to by the Legislative Coun-cil, and -

(b) may be withdrawn at any time by the Sadar-i-Riyasat. 
Explanation: -  Where the Houses of the Legislature are summoned to re-assemble on different dates the period of six weeks shall be reckoned from the latter of those dates for the purposes of this sub-section.

Breakdown of Constitutional Machinery.

92. (1) If at any time the Sadar-i-Riyasat is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Sadar-i-Riyasat may by Proclamation:

(a) assume to himself all or any of the func-tions of the Government of the State and all or any of the powers vested in or excercisable by anybody or authority in the State;

(b) make such incidental and consequential provisions as appear to the Sadar-i--Riyasat to be necessary or desirable for giving effect to the objects of the Procla-mation, including provisions for suspen-ding in whole or in part the operation of any provision of this Constitution rela-ting to any body or authority in the State:

Provided that nothing in this section shall authorised die Sadar-i-Riyasat to assume to himself any of the powers vested in or exer-cisable by the High Court or to suspend in whole or in part the operation of any provi-sion of this Constitution relating to the High Court.

(2) Any such Proclamation may be revoked or carried by a subsequent Proclamation.

(3) Any such Proclamation whether varied under sub-section (2) or not, shall, except where it is a Proclamation revoking a previous Proclama-tion, cease to operate on the expiration of six months from the date on which it divas first Issued.

(4) If the Sadar-i-Riyasat by a Proclamation under this section assumes to himself any of the powers of the legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the Proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature, and any reference in this Constitution to any Acts of or laws made by the Legislature shall be construed as including a reference to such law. No Proclamation under sub-section (1) shall be issued except with the concurrence of the President of India.

(6) Every Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each house of the Legisiature as soon as it is convened.

PART VII 
THE HIGH COURT

93. (1) There shall be a High Court for the State, consisting of a Chief Justice and two or more other judges.

(2) The High Court exercising jurisdiction in relation to the State Immediately before the commencement of this Constitution shall be the High Court for the State.

94. The High Court shall be a court of record and shall have all the powers of such a courts including the power to punish for contempt of itself or of the courts subordinate to it.

95. Every Judge of the High Court shall be appointed by the President by Warrant under his hand and seal after consultation with the Chief Justice of India, the Sadar-i-Riyasat, and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court and shall hold office until he attains the age of sixty years.

96. A person shall not be qualified for appointment as a Judge of the High Court unless he is a citizen of India, and:

(a) has for at least ten years held a judicial office in the State or in any other part of India; or

(b) has for at least ten years been an advocate of the State High Court or of any other High Court in India or of two or more such courts in succession.

Explanation: - For the purposes of this Section in omputing the period during which a person has been an advocate of a High Court. there shall be included any period during which the person has held judicial office after he became an advocate.

97. Every person appointed to be a Judge of the High  
Court, shall. before he enters upon his office, make an subscribe before the Sadar-i-Riyasat or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Fifth Schedule.

98. (1) There shall be paid to the Judges of the High  
Court such salaries as are specified in the Fourth Schedule.

(a) Every Judge shall be entitled to such allowan-ces and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by the Legislature, and until so determined, to such allowances and rights as are specified in the Fourth Schedule:

Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his dis-advantage after his appointment:

99. (1) A Judge of the High Court may, by writing under his hand addressed to the President, resign his office.

(2) A Judge of the High Court shall not be removed from his office except by an order of the President passed after an address by each House of the Legislature supported by a majority of the total membership of that House and by a majority of not less than two- thirds of the members of that House present and voting has been presented to the president 
in the same session for such removal on the 
ground of proved misbehaviour or incapacity.

(3) The Legislature may by law regulate the  procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under sub-section (2).

100. (1) When the office of the Chief Justice is vacant or when the Chief Justice is by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other
Judges of the Court as the President may appoint for the purpose.

(2) When any Judge of the High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of the Court until the permanent Judge has resumed his duties.

101. (1) The usual places of sitting of the High Court shall be Jammu and Srinagar.

(2) The Chief Justice shall, with the approval of the Sadar-i-Riyasat determine the number of Judges who shall sit from time to time at Jammu and at Srinagar for such period as may be deemed necessary.

(3) Whenever it appears to the Chief Justice that it is desirable that the High Courts should hold its sitting at a place other than Srinagar and Jummu, one or more Judges of the High Court as determined by him shall, with the previous approval of the Sadar-i-Riyasat, sit at such place.

102. Subject to the provisions of this Constitution and to the provisions of any law for the time being in force, the jurisdiction of and the law administered in the High Court and the respective powers of the Judges thereof in relation to the administration of justice in the court, including any power to make rules of court and to regulate the sittings of the court and of members thereof, sitting alone or in Division Courts, shall be the same as immedia-tely before the commencement of this Constitution.

103. The High Court shall have power to issue to any person or authority, including in appropriate cases any Government within the State, directions, orders or writs. including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them. for any purpose other than those mentioned in clause (2A) of article 32 of the Constitution of India.

104. (1) The High Court shall have superintendence and control over all courts for the time being subject to its appellate or revisional jusrisdic-tion and all such courts shall be subordinate to the High Court.

(I) Without prejudice to the generality of the foregoing provision, the High court may:

(a) call for returns from such courts,

(b) make and issue general rules and prescribe forms for regulating the practice and pro-ceedings of such courts; and

(c) Prescribe forms in which books, entries and accounts shall be kept by the officers of any such court.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advo-cates and pleaders practicing therein: 
Provided that any rules made, forms prescrib-ed or tables settled under sub-section (2) or sub-section(3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Sadar-i-Riyasat.

105. If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution or the Constitution of India the deter-mination of which is necessary for the disposal of the case, it shall withdraw the case and may:

(a) either dispose of the case itself; or

(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgement on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgement.

106. No person who had held office as a Judge of the  
High Court after the commencement of this Con-stitution shall plead or act in any court or before any authority within the State.

107. (1) The High Court shall have and use as occa-sion may require a seal bearing a device and impression of the State emblem with an exergue or label surrounding the same with the inscription:

"The seal of the High Court of Jammu and Kashmir''

(2) The seal shall be delivered to. and kept in the custody of, the Registrar or such other officer of the court as the Chief Justice may designate in this behalf.

108. (1) Appointments of officers and servants of the High Court shall be made by the Chief Justice of the court or such other judge or officer of the court as he may direct:

Provided that the Sadar-i-Riyasat may by rule require that in such cases as may be specified in the rule no person not already attached to the court shall be appointed to any office connected with the court save after consulta-tion with the State Public Service Commis-sion.

(I) Subject to the provisions of any law made by the Legislature, the conditions of service of the officers and servants of the High Court shall be such as may be prescribed by rules made by the High Court with the approval of the Sadar-i-Riyasat.

(3) The administrative expenses of the High Court including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court' shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall form part of that Fund.

SUBORDINATE COURTS

109. (1) Appointment of persons to be, and the postings: and promotion off district judges in the State shall be made by the Sadar-i-Riyasat in con-sultation with the High Court.  
 (2) A person not already in the service of the : State shall only be eligible to be appointed a  district judge if he has been for not less than seven years an advocate or pleader and is recommended by the High Court for appointment.

110. Appointment of persons other than district judges to the judicial service of the State shall be made by the Sadar-i-Riyasat in accordance with rules made by him in that behalf after consulation with the Public Service Commission and with the High Court.

111. The control over district courts and courts sub-ordinate thereto including the posting and promo-tion of, and the grant of leave to, persons belong-ing to the judicial service of the State and holding any post inferior to the post of district judge shall be vested in the High Court, but nothing in this section shall be construed as taking away from any such person any right of appeal which he may have under the law regulating the conditions of his service or as authorising the High Court to deal with him otherwise than in accordance with the conditions of his service prescribed under such law.

112. In this part...

(a) the expression "district judge'' includes additional district judge, assistant district judge, sessions judge, additional sessions judge and assistant sessions judge:

(b) the expression "judical service" means a service consisting exclusively of persons inten-ded to fill the post of district judge, and other civil judicial posts inferior to the post of dis-trict judge.

113. The Sadar-i-Riyasat may be public notification direct that the foregoing provisions of this part and any rules made thereunder shall with effect from such date as may be fixed by him in that behalf apply in relation to any class or classes of magis-trates in the State as they apply in relation to any persons appointed to the judicial service of the State Subject to such exceptions and modifications as may be specified in the notification.

PART VIII 
FINANCE, PROPERTY AND CONTRACTS

114. No tax shall be levied or collected except by authority of law.

 115. (1) Subject to the provisions of section 116, all revenues received by the Government, all loans raised by the Government by the issue of 
treasury bills, loans or ways and means advances and all moneys received by Government in repayment of loaned shall form one consolidated fund to be entitled "the Consolidated Fund of the State." 
(2) All other public moneys received by or on behalf of the Government shall be credited to the public account of the State. 
(3) No moneys out of the Consolidated Fund of the State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

116. The Legislature may by law establish a Contingency Fund in the nature of an impress to be entitled 
"the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Sadar-i--Riyasat to enable advances to be made by him out of such fund for the purposes of meeting unforeseen expenditure pending authorisation of such expendi-ture by Legislature by law under section 82 or 83.

117. The State may make any grants for any public purpose, notwithstanding that the purpose is not one with expect to which the Legislature may make.

118. The custody of the Consolidated Fund of the State and the Contingency Funds of the State, the payment of moneys into such funds, the withdrawal of moneys therefrom, the custody of public moneys other than those credited to such Fund received by or on behalf of the Government, their payment into the public account of the State and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by law made by the Legislature and, until provision in that behalf is so made, shall be regulated by rules made by the Sadar-i-Riyasat.

119. All moneys received by or deposited with:

(a) any officer employed in connection with the affairs of the State in his capacity as such, other than revenues or public moneys raised or received by the Government; or

(b) an, court within the State to the credit of any cause, matter, account or persons, shall be paid into the public account of the State.

120. Any property within the State which, if this Constitution had not come up into operation, would have accrued to the Government or any other authority hi the State by escheat or lapse, or as bona-vacantia for want of a rightful owner, shall vest in the State.

121. (1) The executive power of the State shall extend, subject to any law made by the State Legisla-ture, to the carrying on of any trade or busi-ness, and to the grant, scale, disposition or mortgage of any property held for the purposes of the State, and to the purchase or acquisi-tion of property for those purposes and to the making of contracts.

(2) All property acquired for the purposes of the State shall vest in the State.

122. (1) All contracts made in the exercise of the executive power of the State shall be expressed to be made by the Sadar-i-Riyasat and all such contracts and all assurance of property made in the exercise of that power shall be executed on behalf of the Sadar-i-Riyasat by such persons and in such manner as he may direct or authorise.

(2) The Sadar-i-Riyasat shall not be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes any of enact-ment relating to the Government of the State heretofore in force, nor shall any person making or executing any such contract or assurance on his behalf be personally liable in respect thereof.

123. The Government may sue or be sued by the name of the State of Jammu and Kashmir and may, subject to any provisions which may be made by Act of the Legislature enacted by virtue of powers conferred by this Constitution, sue or be sued in relation to its affairs in the like cases as the State might have sued or been sued if this Constitution had not been enacted.

PART IX 
THE PUBLIC SERVICE

124. Subject to the provisions of this Constitution, the Legislature may by law regulate the recruitment and conditions of service of persons appointed, to public services and posts in connection with the affairs of the State:

Provided that it shall be competent for the Sadar--i-Riyasat or such person as he may direct, to make rules regulating the recruitment and the conditions of services of persons appointed, to such services and posts until provisions in that behalf is made by or under an Act of the Legislature under this section, and any rules so made shall effect subject to the provisions of any such Act.

125. (1) Except expressly provided by this Constitution, every person who is a member of a civil service of the State or holds any civil post 
under the State hold office during the pleasure of the Sadar-i-Riyasat. 
(2) Notwithstanding that a person holding a civil post under the State holds office during the pleasure of the Sadar-i-Riyasat, any contract under which a person, not being a member of a civil service of the State, is appointed to hold such a post man, if the Sadar-i-Riyasat deems it necessary in order to secure the services of a person having special qualifications, provide for tile payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any miscon-duct on his part required to vacate that post.

126. (1) No person who is a member of a civil service of tile State or holds a civil post under the State shall be distressed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of show-ing cause against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply:

(a) where a person is dismissed or removed or reduced in rank on the ground of con-duct which has led to his conviction on a criminal charge;

(b) where an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to give to that person an opportunity of showing cause; or

(c) where the Sadar-i-Riyasat is satisfied that in the interests of the security of the State it is not expedient to give to that person such an opportunity.

(3) If any question arises whether it is reasonably 
practicable to give to any person an oppor-tunity of showing cause under sub-section.

(4) The decision thereon of the authority empo-wered to dismiss or remove such person or to reduce him in rank, as the case may be, shall be final.

127. Until other Provisional is made in this behalf under the constitution, all the laws in force im-mediately before the commencement of this Consti-tution and applicable to any public service or any post which continues to exist after the commence-ment of this Constitution as service or post under the- State, shall continue in force so far as consistent with the provisions of this Constitu-tion.

THE PUBLIC SERVICE COMMISSION

128. There shall be a Public Service Commission (here-inafter referred to in this Part as "the Commi-ssion" for the State.

129. (1) The Chairman and other members of the Commission shall be appointed by the Sadar-i-Riyasat:

Provided that as nearly as may be one-half of the members of the Commission shall be persons who at the dates of their respective appointments have held office for at least ten years under the Government.

(2) A member of the Commission shall hold office of a terms of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier:

Provided that:

(a) a member of the Commission may, by writing under his hand addressed to the Sadar-i-Riyasat, resign his office

(b) a member of the Commission may be removed from his office in the manner hereinafter provided.

(3) A person who holds office as a member of the Commission shall on the expiration of his term of office, be ineligible for re-appointment to that office.

130. (1) Subject to the provisions of sub-section (3), the Chairman or any other member of the Commission shall only be removed from his office by order of the Sadar-i-Riyasat on the ground of misbehaviour after the High Court on reference being made to it by the Sadar-i--Riyasat, has, on inquiry held in that behalf, reported that the Chairman or such other member, as the case may be ought on any such ground to be removed.

The Sadar-i-Riyasat may suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the High Court under sub-section (l) until the Sadar-i-Riyasat has passed orders on receipt of the report of the High Court on such reference.

(3) Notwithstanding anything in sub-section (1) the Sadar-i-Riyasat may by order remove from office the Chairman or any other mem-ber of the Commission if the Chairman on. such other member, as the case may be - 

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment out side the duties of his office; or

(c) is, in the opinion of the Sadar-i-Riyasat, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of the Commission is or becomes in anyway concern-ed or interested in any contract or agreement made by or on behalf of the Government of the State, the Government of India or the Government of any other State in India or participates in anyway in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty misbehavi-our.

131. The Sadar-i-Riyasat may be regulations:

(a) determine the number of members of the Commission and their conditions of service; and

(b) make provision with respect to the num-ber of members of the staff of the Commission and - their conditions of service;

Provided that the conditions of service of a member of the Commission shall not be varied to his disadvantage after his ap-pointment.

132. On ceasing to hold office the Chairman and the members of the Commission shall be ineligible for further office under the Government of the State, but a member other than the Chairman shall be eligible for appointment as a Chairman of the Commission.

Explanation: - For the purposes of this sec-tion; the office of Minister or Deputy Minister shall not be deemed to be an office under the Government of the state.

133. (1) It shall be the duty of the Commissions to conduct examinations for appointment to the services of the State.

(2) The Commission shall be consulted - 

(a) on all matters relating to methods of recruitment to civil services and for civil posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidate for such appointments, promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the Government including memorials or petitions relating to such matters; 
and it shall be the duty of the Commission to advise on any matter so referred to them or on any other matter which the Sadar-i--Riyasat may refer to them:

Provided that the Sadar-i-Riyasat may make regulations specifying the matters in which either generally, or in any particular class of cases or in any particular circumstances, it shall not be necessary for the Commission to be consulted.

(3) Nothing in sub-section (2) shall require the Commission to be consulted as respects the manner in which a provision may be made by the State for the reservation of appointment or posts in favour of any class of permanent residents which in the opinion of the Govern-ment is not adequately represented in the services under the State.

(4) All regulations made under the proviso to sub-section (2) by the Sadar-i-Riyasat shall be laid for not less than fourteen days before each House of the Legislature as soon as possible after they made, and shall be subject to such modifications, whether by way or repeal or amendment, as the Legislative Assembly may make during the session in which they are so laid.

134. If the office of the Chairman of the Commission becomes vacant or if the Chairman is by reason of absence or for any other reason unable to perform the duties of his office, those duties shall until some person appointed under sub-section (1) of section 129 to the vacant office has entered on the duties thereof or, as the case may be until the Chairman has resumed his duties, be performed by such one of the other members of the Commission as the Sadar-i-Riyasat may appoint for the purpose.

135. An Act made by the Legislature may provide for the exercise of additional functions by the Commission as respects the services of the State and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

136. The expenses of the Commission, including any salaries, allowances and pensions payable to or in respect of the members or the staff of the Com-mission, shall be charged on the Consolidated Fund of the State.

137. It shall be the duty of the Commission to present annually to the Sadar-i-Riyasat a report as to the work done by the Commission and the Sadar-I--Riyasat, on receipt of such report, shall cause a copy thereof together with a memorandum explai-ning, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature.

PART X 
ELECTIONS

138. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, the elections held under Part VI shall, be vested in an Election Commissio-ner to be appointed by the Sadar-i-Riyasat.

(2) The Sadar-i-Riyasat, may, for such period as he may deem necessary appoint one or more Deputy Election Commissioners to assist the Election Commissioner in the per-formance of the functions conferred by sub-section (1).

(3) subject to the provisions of any law made by the Legislature, the Conditions of service of the Election Commissioner and the Deputy Election Commissioner shall be such as the Sadar-i-Riyasat may by order specify.

(4) The Sadar-i-Riyasat may make acts viable to the Election Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commissioner by sub-section (1).

139. There shall be one general electoral roll for every territorial constituency for election to either House of the Legislature and no person shall be ineligible for inclusion in any such roll or claim to be inclu-ded in any special electoral roll for any such consti-tuency on grounds only of religion, race, caste, sex or any of them.

140. The elections to the Legislative Assembly shall be on the basis of adult suffrage; that is to say, every person who is a permanent resident of the State and who is not less than twenty-one years of age on such date as may be fixed in that behalf by or under any law made by the Legislature and is not otherwise disqualified under this Constitution or any law made by the Legislature on the ground of non-residence, unsoundness of mind, crime or corruptor illegal practice, shall be registered as a voter at any such election.

Subject to the provisions of this Constitution, the Legislature may from time to time by law make provision with respect to all matters relating to, or in connection with elections to either House of the Legislature, including the preparation of elec-toral rolls, the delimitation of constituencies, appointment of election tribunals and all other matters necessary for securing the due constitution of the two Houses.

142. Notwithstanding anything in this Constitution:

(a) the validity of any law relating to the delimita-tion of territorial constituencies for the pur-pose of electing members of the Legislative Assembly or the allotment of seats to such constituencies, made or purporting to be made under section 141, shall not be called in ques-tion in any court;

(b) no election to either House of the Legislature shall be called in question except by an elec-tion petition present to such authority and in such manner as may be provided for by or under any law made by the Legislature.

PART XI 
MISCELLANEOUS PROVISIONS

143. (1) The Sadar-i-Riyasat shall not be answerable to any court for the exercise of performance of the powers and duties of his office or for any act done or purposing to be done by him in the exercise and performance of those -powers and duties.

Provided that nothing in this subjection-sec-tion shall be construed as restricting the right of any person to bring appropriate proceed-ings against the Government.

(2) No criminal proceedings whatsoever shall be instituted or continued against the Sadar-I--Riyasat in any court during his term of office. No process for the arrest or imprisonment of the Sadar-i-Riyasat shall issue from any court during his term of office.

No civil proceedings in which relief is claimed against the Sadar-i-Riyasat shall be instituted during his term of office in any court in res-pect of any act done or purporting to be done by him in his personal capacity, whether be-fore or after he entered upon his office as Sadar-i-Riyasat, until the expiration of two months next after notice in writing has been delivered to the Sadar-i-Riyasat or left at his office stating the nature of the proceedings the cause of action therefor, the name, descri-ption and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.

144. The flag of the State shall be rectangular in shape and red in colour with three equidistant white vertical stripes of equal with next to the staff and a white plough in the middle with the handle facing the stripes.

The ratio of the length of the flag to its width shall be 3:2.

145. The official language of the State shall be Urdu, but the English language shall, unless the Legisla-ture by law otherwise provides continue to be used for all the official purpose of the State for which it was being used immediately before the com-mencement of this Constitution.

. The Sadar-i-Riyasat shall, as soon as may be, after the commencement of the Constitution establish an Academy of Arts, Culture and Language, where opportunities will be afforded for the development of Art and Culture of the State and for the development of Hindi, Urdu and other regional languages of the State specified in the Sixth Schedule.

PART XII 
AMENDMENTS OF THE CONSTITUTION

147. An amendment of this constitution may be initia-ted only by the introduction of a Bill for the pur-pose in the Legislative Assembly and when the Bill is passed in each House by a majority of not less than two-thirds of the total membership of at the House, it shall be presented to the Sadar-i-Riyasat for his assent and, upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill:

Provided that a Bill providing for the abolition of the Legislative Council may be intro-duced in the Legislative Assembly and passed by it majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting:

Provided further that no Bill or amendment seeking to make any change in:

(a) this section;

(b) the provisions of the sections 3 and 5; or

(c) the provisions of the constitution of India as applicable in relation to the State;

shall be introduced or moved in either house of the Legislature.