Special provisions regarding the State of Jammu and Kashmir
Extracts from White Paper of Govt.of India, printed in India by the Manager, Govt. of India Press in 1950
Extracts from White Paper of Government of India, printed in India by the Manager, Govt. of India Press, New Delhi and published by the Manager of Publications, Delhi; 1950
The State of Jammu and Kashmir acceded to India on October 26, 1947. The form of Instrument of Accession executed by the Ruler of the State is the same as that of the Instrument executed by the ruler of other acceding States. Legally and constitutionally therefore the position of this State is the same as that of other acceding States. The Government of India, no doubt, stand committed to the position that the accession of this State is subject to confirmation by the people of the State. This, however, does not detract from the legal fact of accession. The State has therefore been included in part B States. In view of the Special problems arising in respect of this State and the fact that the Government of India have assured its people that they would themselves finally determine their political future, the following special provision has been made in the Constitution:
“370. (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-64
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 to 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 recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of Council of Ministers for the time being in office under the Maharajas's Proclamation dated the fifth day of March, 1948;
The provisions of article I 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 Govt. of State.
Provided further that no such order which relates to the matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
View the original document here