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ARTICLE 370 OF CONSTITUTION OF INDIA 1949

What are the Temporary provisions with respect to the State of Jammu and Kashmir? Article 370 of Constitution of India, 1949

Temporary provisions with respect to the State of Jammu and Kashmir is defined under Article 370 of Constitution of India 1949. Provisions under this Articles are:

Article 370 of Constitution of India "Temporary provisions with respect to the State of Jammu and Kashmir"

(1) Notwithstanding anything in this Constitution,-

(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the said State shall be limited to-

 

(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation.- For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;

(c) the provisions of Article 1 and of this article shall apply in relation to that State;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:

Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2)If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

Constitution of India 1949

What is Protection of President and Governors and Rajpramukhs? What is Protection of publication of proceedings of Parliament and State Legislature? Article 361 and 361A of Constitution of India, 1949

What is Bar to interference by courts in disputes arising out of certain treaties, agreements, etc? What is Recognition granted to Rulers of Indian States to cease and privy purses to be abolished? Article 363 and 363A of Constitution of India, 1949

What are the Special provisions as to major ports and aerodromes? What is the Effect of failure to comply with, or to give effect to, directions given by the Union? Article 364 and 365 of Constitution of India, 1949

What are the Definitions? What is Interpretation? Article 366 and 367 of Constitution of India, 1949

What is the Power of Parliament to amend the Constitution and procedure therefor? What is Temporary power to Parliament to make laws matters in the State Concurrent List? Article 368 and 369 of Constitution of India, 1949

What are the Temporary provisions with respect to the State of Jammu and Kashmir? Article 370 of Constitution of India, 1949

What are the Special provision with respect to the States of Maharashtra and Gujarat? Article 371 of Constitution of India, 1949

What are the Special provision with respect to the States of Nagaland? Article 371A of Constitution of India, 1949

What are the Special provision with respect to the States of Assam and Manipur? Article 371B and 371C of Constitution of India, 1949

What are the Special provisions with respect to the state of Andhra Pradesh? What are the provisions for Establishment of Central University in Andhra Pradesh? Article 371D and 371E of Constitution of India, 1949

What are the Special provisions with respect to the State of Sikkim? Article 371F of Constitution of India, 1949

What are the Special provision with respect to the State of Mizoram, Arunachal Pradesh and Goa? Article 371G, 371H and 371I of Constitution of India, 1949

What is the Continuance in force of existing laws and their adaptation? What is Power of the President to adapt laws? Article 372 and 372A of Constitution of India, 1949


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