Proclamation of Indar Mahinder Rairajeshwar Maharaja Hari Singh
After the accession of Jammu and Kashmir to India in October 1947, an interim state government was instituted by a proclamation made by Maharaja Hari Singh on March 5, 1948.
Background and Nature of Article 370
Proclamation of Shriman Indar Mahinder Raj Rajeshwar
Maharajadhiraj Shri Hari Singh ruler of Jammu & Kashmir and dependencies
5 March 1948
In accordance with the traditions of my dynasty I have, from time to time, provided for increasing association of my people with the administration of the State with the object of realising the goal of full Responsible Government at as early a date as possible and in pursuance of that object have, by the Jammu and Kashmir Constitution Act of 1996 (xiv of 1996 established a Constitutional Government with a Council of Ministers, a Legislature with a majority of elected members and an independent Judiciary;
I have noted with gratification and pride the progress so far made and the legitimate desire of my people for the immediate establishment of a fully democratic constitution based on adult franchise with a hereditary Ruler from my dynasty as the Constitutional Head of an Executive responsible to the legislature;
I have already appointed the popular leader of my people Sheikh Mohammad Abdullah as the Head of the Emergency Administration; it is now my desire to replace the Emergency Administration to a Popular Interim Government and to provide for its powers, duties and functions, pending the formation of a fully democratic Constitution. I accordingly
HEREBY ORDIAN AS FOLLOWS;
(1) My Council of Ministers shall consist of the Prime Minister and such other Ministers as may be appointed on the advice of the Prime Minister. I have by Royal Warrant appointed Sheikh Mohammad Abdullah as the Prime Minister with effect from today.
The Prime Minister and other Ministers shall function as a Cabinet and act on the principle of joint responsibility. A Dewan appointed by me shall also be a member of the Cabinet.
I take this opportunity of giving once again a solemn assurance that all sections of my people will have opportunities of service, both civil and military, solely on the basis of their merits and irrespective of creed or community.
My Council of Ministers shall take appropriate steps, as soon as restoration of normal conditions has been completed, to convene a National Assembly based upon adult suffrage, having due regard to the principle that the number of representatives from each voting area should, as far as practicable, be proportionate to the population of that area.
The Constitution to be framed by the National Assembly shall provide adequate safeguards for the minorities and contain appropriate provisions guaranteeing for the freedom of conscience, freedom of speech and freedom of assembly.
The National Assembly shall, as soon as the work of framing the new constitution is completed, submit it through the Council of Ministers for my acceptance.
In conclusion I repeat the hope that the formation of a popular Interim Government and the inauguration, in the near future, of a fully Democratic Constitution will ensure the contentment, happiness and the moral and material advancement of my beloved people.
Proclamation For the State of Jammu & Kashmir
Dated the 25th November, 1949
Whereas with the inauguration of the new Constitution for the Whole of India now being framed by the Constituent Assembly of India., the Government of India Act, 1935, which now governs the constitutional relationship between this State and the Dominion of India will stand repealed ;
And WHREAS, in the best of interests of this State , which is closely linked with the rest of India by a community of interests in the economic political and other fields, it is desirable that the constitutional relationship established between this State and the Dominion of India , should be continued as between this State and the contemplated Union of India ; and the Constitution of India as drafted by the Constituent Assembly of India, which includes duly appointed representatives of this State, provides a suitable basis for doing so;
I now hereby declare and direct----
That the Constitution of India shortly to be adopted by the Constituent Assembly of India shall in so far it is applicable to the State of Jammu & Kashmir, govern the constitutional relationship between this State and contemplated Union of India and shall be enforced in this State by me, my heirs and successors in accordance with the tenor of its provisions;
That the provisions of the said Constitution shall, as from the date of its commencement, supersede and abrogate all other constitutional provisions inconsistent therewith which are at present in force in this State.
Yuvraj, Regent of Jammu & Kashmir
C. GANESAN. Dy. Secy