TaxTMI 
TaxTMI 
Re-Statement, with Reference to the Present Text of The Constitution, of The Exceptions and Modifications Subject to Which the Constitution Applies to The State of Jammu and Kashmir
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....clause 2 of the said Order.] (1) THE PREAMBLE. (a) In the first paragraph, omit "SOCIALIST SECULAR"; (b) in the penultimate paragraph, omit "and integrity". (2) PART I. Article 3.- (a) Add the following further proviso, namely:- "Provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State."; (b) omit Explanation I and Explanation II. (3) PART II. (a) This Part shall be deemed to have been applicable in relation to the State of Jammu and Kashmir as from the 26th day of January, 1950. (b) Article 7.- Add the following further proviso, namely:- "Provided further that nothing in this article shall apply to a permanent resident of the State of Jammu and Kashmir who, after having so migrated to the territory now included in Pakistan, returns to that territory of that State under a permit for resettlement in that State or permanent return issued by or under the authority of any law made by the Legislature of that State, an....
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....r the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property. (2B) Nothing in sub-clause (f) of clause (1) of article 19 shall affect any such law as is referred to in clause (2). ** ** * (5) Nothing in clause 2 shall affect- (a) the provisions of any existing law; or (b) the provisions of any law which the State may hereafter make- (i) for the purpose of imposing or levying any tax or penalty; or (ii) for the promotion of public health or the prevention of danger to life or property; or (iii) with respect to property declared by law to be evacuee property.". * * * ** (h) After article 31, omit the following sub-heading, namely:-"Saving of Certain Laws" (i) Article 31A.- (A) In clause (1),- (i) for "article 14 or article 19", substitute "article 14, article 19 or article 31"; (ii) omit the first proviso to clause (1); (iii) in the second proviso omit "further"; (B) in clause (2), for sub-clause (a), substitute the following sub-clause, namely:- '(a) "estate" shall mean ....
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...., permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects- (i) employment under the State Government; (ii) acquisition of immovable property in the State; (iii) settlement in the State; or (iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part.". (5) PART IV.-This part is not applicable to the State of Jammu and Kashmir. (6) PART IVA.-This part is not applicable to the State of Jammu and Kashmir. (7) PART V.- (a) Article 55.- (A) For the purposes of this article, the population of the State of Jammu and Kashmir shall be deemed to be sixty-three lakhs; (B) in the Explanation omit the proviso. (b) Article 81.-For clauses (2) and (3), substitute the following clauses, namely:- "(2) For the purposes of sub-clause (a) of clause (1),- (a)....
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.... of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution". (e) For article 132, substitute the following article, namely:- '132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.-(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution. (2) Where the High Court has refused to give such a certificate, the Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of this Constitution, grant special leave to appeal from such judgment, decree or final order. (3) Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided and, with the leave of the Supreme Court, on any other ground. Explanation.-For the....
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....bered, for "this article" substitute "clause (1) or clause (1A)". (9) PART VIII.- This part is not applicable to the State of Jammu and Kashmir. (10) PART X.- This part is not applicable to the State of Jammu and Kashmir. (11) PART XI. (a) Article 246.- (A) in clause (1), for "clauses (2) and (3)" substitute "clause (2)"; (B) in clause (2), omit "Notwithstanding anything in clause (3),"; (C) omit clauses (3) and (4). (b) For article 248, substitute the following article, namely:- '248. Residuary powers of legislation.-Parliament has exclusive power to make any law with respect to- (a) prevention of activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people; (aa) prevention of other activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of....
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.... Jammu and Kashmir; (b) omit clause (2) of article 267, article 273, clause (2) of article 283and article 290; (c) Articles 277 and 295.-In these articles references to the commencement of the Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, i.e., the 14th day of May, 1954. (d) Omit the sub-heading "CHAPTER IV.- RIGHT TO PROPERTY" and article 300A. (13) PART XIII. In article 303, in clause (1), omit "by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule". (14) PART XIV. Except in article 312, reference to "State" in this Part does not include the State of Jammu and Kashmir. (15) PART XIVA. This Part is not applicable to the State of Jammu and Kashmir. (16) PART XV.- (a) Article 324.- In clause (1), the reference to the Constitution shall, in relation to elections to either House of the Legislature of Jammu and Kashmir, be construed as a reference to the Constitution of Jammu and Kashmir. (b) Articles 325, 326 and 327.- In these articles the references to a State shall be construed as not inclu....
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....st sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (3) A Proclamation of Emergency declaring that the security of India or of any part of the territory thereof is threatened by war or by external aggression or by internal disturbance may be made before the actual occurrence of war or of any such aggression or disturbance if the President is satisfied that there is imminent danger thereof. (4) The power conferred on the President by this article shall include the power to issue different Proclamations on different grounds, being war or external aggression or internal disturbance or imminent danger of war or external aggression or internal disturbance, whether or not there is a Proclamation already issued by the President under clause (1) and such Proclamation is in operation. (5) Notwithstanding anything in the Constitution,- (a) the satisfaction of the President mentioned in clause (1) and clause (3) shall be final and conclusive and shall not be questioned in any court on any ground; (b) subject to the pr....
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....h Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate except as respects things done or omitted to be done before the expiration of the said period, unless the provisions which shall so cease to have effect are sooner repealed or re-enacted with or without modification by Act of the appropriate Legislature.". (e) For article 358, substitute the following article, namely :- "358. Suspension of provisions of article 19 during emergencies.- While a Proclamation of Emergency is in operation, nothing in article 19 shall restrict the power of the State as defined in Part III to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases....
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.... Sadar-i-Riyasat of Jammu and Kashmir and as including references to any person recognised by the President as being competent to exercise the powers of the Sadar-i-Riyasat. (21) PART XX. Article 368.- (a) in clause (2), add the following further proviso, namely:- "Provided further that no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under clause (1) of article 370."; (b) Omit clauses (4) and (5) and after clause (3) add the following clause, namely :- "(4) No law made by the Legislature of the State of Jammu and Kashmir seeking to make any change in or in the effect of any provision of the Constitution of Jammu and Kashmir relating to:- (a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the Governor; or (b) superintendence, direction and control of elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council, being matters specified in sections 138, 139, 140 and 50 of the Constitution of J....
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....ate; (E) In entry 81, omit "Inter-State migration"; (F) For entry 97, substitute the following entry, namely :- '97. Prevention of activities- (a) involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people; (b) directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National flag, the Indian National Anthem and this Constitution; taxes on foreign travel by sea or air, on inland air travel and on postal articles, including money orders, phonograms and telegrams. Explanation.- In this entry, "terrorist act" has the same meaning as in the Explanation to article 248.'. (b) Omit List II-State List. (c) List III- Concurrent List.- (A) For entry 1, substitute the following entry, namely :- "1....
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....HEDULE.- (a) After entry 64, add the following entries, namely :- "64A. The Jammu and Kashmir State Kuth Act (No. 1 of Svt.1978). 64B. The Jammu and Kashmir Tenancy Act (No. II of Svt. 1980). 64C. The Jammu and Kashmir Alienation of Land Act (No. V of Svt. 1995). 64D. The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of Svt. 2007). 64E. Order No. 6-H of 1951, dated the 10th March, 1951, regarding Resumption of Jagirs and other assignments of land revenue, etc. 64F. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976 (Act XIV of 1976). 64G. The Jammu and Kashmir Debtors' Relief Act, 1976 (Act XV of 1976).". (b) entries 65 to 86 are not applicable to the State of Jammu and Kashmir; (c) after entry 86, insert the following entry, namely:- "87. The Representation of the People Act, 1951 (Central Act 43 of 1951), the Representation of the People (Amendment) Act, 1974 (Central Act 58 of 1974) and the Election Laws (Amendment) Act, 1975 (Central Act 40 of 1975)."; (d) after entry 91, insert the following entry, namely:- "92. The maintenance of Internal Security Act, 1971 (Central Act 26 of 19....