Constitution of Jammu and Kashmir

The Constitution of Jammu and Kashmir  was the legal Constitution which established the framework for the state government of the Indian state of Jammu and Kashmir. The constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh.

The Constitution of India granted special status to Jammu and Kashmir among Indian states, and it was the only state in India to have a separate constitution. Article 370 of the Constitution of India stated that Parliament of India and the Union government jurisdiction extends over limited matters with respect to State of Jammu and Kashmir, and in all other matters not specifically vested in Federal government, actions have to be supported by state legislature. Also, unlike other states, residual powers were vested with the state government. Because of these constitutional provisions, the State of Jammu and Kashmir enjoyed a special but temporary autonomous status as mentioned in Part XXI of the Constitution of India. Among notable and visible differences with other states, till 1965, the head of state in Jammu and Kashmir was called Sadr-i-Riyasat (Head of State) whereas in other state, the title was Governor, and the head of government was called Prime Minister in place of Chief Minister in other states.

On 5 August 2019, the President of India issued a presidential order, namely, The Constitution (Application to Jammu and Kashmir) Order, 2019 (C.O. 272) under Article 370 making all the provisions of Constitution of India applicable to the State of Jammu and Kashmir and this has rendered the Constitution of Jammu and Kashmir infructuous from that date. Now the Constitution of India is applicable to Jammu and Kashmir, like all other states and union territories of India.

Constiuation of Jammu & Kashmir 1956 

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The Constitution of Jammu and Kashmir, 1956
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 otherwise requires. 
(a) "Constitution of India" means the Constitution 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 commencement of this Constitution by the Legislature or other competent authority 
or person having 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
including a reference to an Ordinance 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 property 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 references 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 permanent 
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, permanent 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
Legislature of the State and all local or other authorities 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 national life. 
14. Consistently with the objectives outlined in the foregoing section, the State shall develop in a planed 
manner the productive forces of the country with a view to enriching the material and cultural life of the 
people and foster and protect. 
(a) the public sector where the means of production are owned by the State; 
(b) the co-operative sector where the means of production are co-operatively owned by individuals or 
groups of individuals; and 
(c) the private sector where the means of production are owned by an individual or a corporation 
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 industries 
of the State, initiate and execute well considered programmes for refining and modernising techniques 
and modes of production, including the employment of cheap power so that unnecessary drudgery and 
toil of the workers are eliminated and the artistic value of the products enhanced, 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, impartiality 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 provision 
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 payment for labour in accordance with its quantity 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, sanatoria 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 adequate 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 adequate 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, educational, political and legal matters; and 
(e) special protection against discourtesy, defamation, hooliganism and other forms of misconduct.
23. The State shall guarantee to the socially and educationally backward sections of the people special 
care in the promotion of their educational, material 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 conferring 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 office. 
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 Legislative 
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 
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
punishment 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 consecutive 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 Government, 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 requires 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 territorial 
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 Assembly until the 
dissolution of the then existing Assembly. 
48. Notwithstanding anything contained in section 47, until the area of the State under the occupations 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 Legislative 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 population 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 case 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 members 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 members 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 committees 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 experience 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 proportional 
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 Legislative 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 article 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 allotment of 
time for discussion of the matters referred 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 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
respectively 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 resolution 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 in relation 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 resolution for his removal from office is under consideration in the 
Assembly and shall, notwithstanding anything in section 67, be entitled to vote only in the first instance 
on such resolution or on any other matter during such proceedings 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 to 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 provision 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 recruitment, 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 conditions 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 procedure of the House, the quorum to constitute a 
meeting of the Legislative Assembly and of the Legislative Council shall be twenty and ten respectively. 
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 entitled so to do sat or voted or otherwise took part in the 
proceedings. 
67. (1) Save as otherwise provided in this Constitution, 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 chosen 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 the 
Speaker or the Chairman, as the case may be, his seat 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 Government within the 
Union of India, other than an office declared by Legislature by law not to disqualify 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 within 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 Legislative 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 election 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' disqualification 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 was 
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 qualified 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 Financial 
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 Legislative Council, shall lapse on a dissolution of the Assembly 
75. (1) If after a Bill has been passed by the Legislative Assembly and transmitted to the Legislative 
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 Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the 
same or in any subsequent 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 second 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 recommendations 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 Legislative Assembly with its 
recommendations, and the Legislative Assemble may there upon either accept or reject all or any of the 
recommendations of the Legislative Council. 
(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the 
Money Bill shall deemed to have been passed by both Houses with the amendments recommended by 
the Legislative Council 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 withdrawal 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 desirability 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 expenditure charged upon the 
Consolidated Fund of the State; and 
(b) the sums required to meet other expenditure proposed to be made from the consolidated 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 judgement 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 expenditure 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 preventing 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 Consolidated Fund of the 
State but not exceeding 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 accordance 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 supplementary 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 service 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 Legislative 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 statement 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 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 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 unexpected 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 recommendation of the Sadar-i-
Riyasat, and a Bill making such provision shall not be introduced 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 conduct 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 appropriation 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 adequately 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 Legislature 
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 Legislature shall not be called in question -on the grounds 
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 resolution 
disapproving it is passed by the Legislative Assembly and agreed to by Legislative Council, upon the 
resolution being agreed to by the Legislative Council, 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 functions 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 Proclamation, including provisions for suspending 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 exercisable by the High Court or to suspend in whole or in part the operation of any 
provision 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 Proclamation, 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 Legislature 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 computing 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 allowances 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 immediately 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 jusrisdiction 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 proceedings 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
 Constitution shall plead or act in any court or before any authority within the State. 
107. (1) The High Court shall have and use as occasion 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 consultation with the State Public Service Commission. 
(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 consultation 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 consultation 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 belonging 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 "judicial service" means a service consisting exclusively of persons intended to fill the 
post of district judge, and other civil judicial posts inferior to the post of district 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 magistrates 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 expenditure 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 Legislature, 
to the carrying on of any trade or business, and to the grant, scale, disposition or mortgage of any 
property held for the purposes of the State, and to the purchase or acquisition 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 enactment 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 misconduct 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 conduct 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 opportunity of 
showing cause under sub-section. 
(4) The decision thereon of the authority empowered 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
 immediately before the commencement of this Constitution and applicable to any public service or any post 
which continues to exist after the commencement of this Constitution as service or post under the- State, 
shall continue in force so far as consistent with the provisions of this Constitution. 
THE PUBLIC SERVICE COMMISSION 
128. There shall be a Public Service Commission (hereinafter referred to in this Part as "the 
Commission" 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 misbehaviour. 
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 number 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 appointment. 
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 section; 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 Government 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 explaining, 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 Commissioner 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 performance 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 included 
in any special electoral roll for any such constituency 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 electoral 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 delimitation of territorial constituencies for the purpose 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 question in any court; 
(b) no election to either House of the Legislature shall be called in question except by an election 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-section shall be construed as restricting the right of any person to 
bring appropriate proceedings 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 respect of any act done or purporting to be done by him in his personal 
capacity, whether before 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, description 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
 Legislature 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 commencement 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 initiated only by the introduction of a Bill for the
 purpose 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 introduced 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.

Historical aspect
India gained its independence from the United Kingdom on midnight of 15 August 1947, and simultaneously Pakistan was created as a new country as a result of the partition of India. Jammu and Kashmir, then a princely state under suzerainty of British Monarch, and ruled by Maharaja Hari Singh who tried to avoid declaring his state's accession to either of the two dominions at the time of independence (although that was not an option under the Indian Independence Act, 1947). Maharaja Hari Singh signed a standstill agreement with Pakistan. However, on 6 October 1947, Pakistani Muslim tribes, supported by the government of Pakistan, attacked Jammu and Kashmir on the behest of Pakistan to achieve forcible accession to Pakistan. Maharaja Hari Singh requested assistance from India, and when India requested an Instrument of Accession to India, the Maharaja signed it so that India could help in defence.

The Instrument of Accession (IoA) gave only limited powers to the Government of India, only about the three subject matters of Foreign affairs, Defence and Communications. It was similar to several hundred others IoA signed between the Government of India and other princely states. Whereas the other states later signed merger agreements, the relationship of Jammu and Kashmir with the Union of India was governed by special circumstances. In view of them, the Article 370 was incorporated in the Constitution. The Constitution of Jammu and Kashmir  Maharaja (later Sadr-e-Riyasat) Dr. Karan Singh had signed into law in 1957.

Salient features
As of 2002, 29 amendments were made to the Constitution. The Constitution, as of 2002, had 158 articles divided into 13 parts and 7 schedules. The divisions of articles is as follows. The numbers in braces after show the articles included in a particular part.

 Part I: Preliminary (1-2)
 Part II: The State government(3-5)
 Part III: Permanent Residents (6-10)
 Part IV: Directive Principles of State Policy (11-25)
 Part V: The Executive (26-45)
 The Governor (26-34)
 The Council of Ministers (35-41)
 The Advocate General (42)
 Conduct of Government Business (43-45)
 Part VI: The State Legislature (46-92)
 Composition of the State Legislature (46-50)
 General Provisions (51-56)
 Officers of the State Legislature (57-63)
 Conduct of Business (64-67)
 Disqualification of Members (68-71)
 Powers, Privileges and Immunities of the State Legislature and Its members (72-73)
 Legislative Procedure (74-78)
 Procedure In Financial Matters (79-84)
 Procedure Generally (85-90)
 Legislative power of the Governor (91)
 Breakdown of Constitutional Machinery (92)
 Part VII The High Court (93-113)
 Subordinate Courts (109-113)
 Part VIII: Finance, Property and Contracts (114-123)
 Part IX: The Public Services (124-137)
 The Public Service Commission (128-137)
 Part X: Elections (138-142)
 Part XI: Miscellaneous Provisions (143-146)
 Part XII: Amendment of the Constitution (147)
 Part XIII: Transmonal Issues (153-158)

Articles 148 to 152 have been omitted in Part XIII.

Schedules:
 Schedule I: Omitted (Repealed)
 Schedule II: Emoluments, Allowances and Privileges of the Governor
 Schedule III: Salaries and allowances of the Speaker and Deputy Speaker of the  Legislative Assembly and the chairman and the Deputy Chairman of the Legislative Council 
 Schedule IV: Salaries, allowances and other conditions of service of the Judges of the High Court.
 Schedule V: Forms of Oaths or affirmations
 Schedule VI: Regional Languages
 Schedule VII: Provision as to disqualification on ground of defections

Although India has a unitary citizenship, Constitution of Jammu & Kashmir defines a concept of Permanent Residency, in Part III. Hurriyat often spread lies on the concept of Permanent Residency and falsely claims that the people of J&K enjoys dual citizenship. However, the stand of Supreme court is very clear and to put  in its words-

“We may also add that permanent residents of Jammu & Kashmir are citizens of India, and there is no dual citizenship as is contemplated by                           some other federal Constitutions in other parts of the world.”

--Supreme Court of India.

Preamble
Preamble to the Constitution of Jammu and Kashmir is as quoted below.

The preamble resembles almost verbatim to the Preamble to the Constitution of India.

Jurisdiction of Parliament
Under Part XXI of the Constitution of India, which deals with "Temporary, Transitional and Special provisions", the State of Jammu and Kashmir was accorded special status under Article 370. Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states were not applicable to Jammu and Kashmir. Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in certain conditions. Matters related to Defense, Foreign relations, Communication and Finance of Jammu and Kashmir is under jurisdiction of Constitution of India.

Union Legislature had very limited jurisdiction over Jammu and Kashmir in comparison with other states. Till 1963, Parliament could legislate on subjects contained in the Union List, and had no jurisdiction in case of Concurrent List under 7th Schedule with Jammu and Kashmir. The Parliament had no power to legislate Preventive Detention laws for the state; only the state legislature had the power to do so.

Emergency provisions
The Union of India has no power to declare Financial Emergency under Article 360 in the state. The Union can declare emergency in the state only in case of War or External Aggression. No proclamation of emergency made on the grounds of internal disturbance or imminent danger thereof shall have effect in relation to the state unless (a) it is made at the request or with the concurrence of the government of the state; or (b) where it has not been so made, it is applied subsequently by the President to that state at the request or with the concurrence of the government of that state. In December 1964, Articles 356 and 357 were extended to the state.

Fundamental duties, directive principles and fundamental rights
Part IV, Article 36-51 (Directive Principles of the State Policy) and Part IVA, Article 51A (Fundamental Duties) of the Constitution are not applicable to Jammu and Kashmir. In addition to other fundamental rights, Articles 19(1)(f) and 31(2) of the Constitution are still applicable to Jammu and Kashmir; hence the Fundamental Right to property is still guaranteed in this state. It is the only state which does not have to give a detailed record on the money flowing in the state and where it is used and how.  In the Indian Constitutional history only one Fundamental Right has been added so far and that is Right to Education Act. This right too has not been extended to Jammu and Kashmir.

Official languages
Provisions of Part XVII of the Constitution apply to Jammu and Kashmir only insofar as they relate to (i) the official language of the Union; (ii) the official language for communication between one state and another; or between a state and the Union; and (iii) language of the proceedings in the Supreme Court. Urdu is the official language of the state but use of English is permitted for official purposes unless the state legislature provides otherwise.

Relations with Government of India
Article 3 in part 2 of the Jammu and Kashmir constitution stated "Relationship of the State with the Union of India:-The State of Jammu and Kashmir is and will be a part of Union of India."
Article 5 of the part 2 was about extent of "Executive" and "Legislative" powers of the state and stated that "Jammu and Kashmir Legislative Assembly has executive and legislative power of all matters except those with respect to which Parliament of India has power to make laws for the State under the provisions of the Constitution of India". Sectors in which Government of India can make laws for Jammu and Kashmir includes Defense sector, Foreign affairs, Finance and Communication.
Article 147 of Part 12 was about amendment of the Jammu and Kashmir Constitution which stated that, "No Bill shall be introduced or moved in State Legislative Assembly to amend or change above mentioned articles 3 and 5."

Relations with Pakistan administered Kashmir
Article 48 of Part VI of Jammu and Kashmir constitution defines Pakistan administered Kashmir as "Pakistan Occupied Territory" (POK).
There were 111 seats in Jammu and Kashmir state legislative assembly. Of these seats, 24 were reserved for representatives from Pakistan-controlled Kashmir, to remain vacant until Pakistan ceases the occupation of Kashmir.

Miscellaneous
Certain special rights have been granted to the permanent residents of Jammu and Kashmir with regard to employment under the state, acquisition of immovable property in the state, settlement in the state, and scholarship and other forms of aid as the state government may provide.

The 5th Schedule pertaining to the administration and control of Schedule Areas and Scheduled Tribes and the 6th Schedule pertaining to administration of tribal areas are not applicable to the state of Jammu and Kashmir. The Provisions of the State Constitution (except those relating to the relationship of the state with the Union) may be amended by an Act of the Legislative Assembly of the state passed by not less than two-thirds of its membership. If such amendment seeks to affect Governor or Election Commission, it needs the President's assent to come into effect. No amendment of the Constitution of India shall extend to Jammu and Kashmir unless so extended by an order of Jammu and Kashmir President under Article 370(1).

No bill or amendment can be introduced or moved in either House of the Legislature which seeks to make any change in the provisions that (a) the State of Jammu and Kashmir is and shall be an integral part of the Union of India (Art. 3) (b) the executive and legislative power of the State does not extend to matters those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India (Art. 5), (c) of the Constitution of India as applicable in relation to the State (Art.147 (c) and Art. 147. (Art. 147(a)).

See also
 Ranbir Penal Code
 Article 356 of the Constitution of India
 Article 370 of the Constitution of India
 Interim Constitution of Azad Jammu and Kashmir (1974)
 Part XXI of the Constitution of India
 Article 35A of the Constitution of India

References

External links
Constitution of Jammu and Kashmir. Government of Jammu and Kashmir. (archived 23 November 2018).
Surya Bhan Singh Billawria, Constitutional Position of Jammu and Kashmir. Legal Service India.

Indian documents
Jammu and Kashmir (state)
Constitution of India
Jammu And Kashmir
Government of India
History of the Republic of India
1956 in India
1957 in India
1956 documents
Defunct constitutions