LOC & LAC Factual of Jammu, Kashmir & Ladakh

Political Constitution of Jammu & Kashmir

Proclamation of May 1, 1951 on J&K Constituent Assembly

Whereas it is general desire of the people of the State of Jammu and Kashmir that a Constituent Assembly should be brought into being for the purpose of framing a constitution for the State; Whereas it is commonly felt that the convening of the Assembly can no longer be delayed without detriment to the future well-being of the State. And whereas the terms of the proclamation of the Maharaja dated 5 March, 1948 in regard to the convening of a national assembly as contained in clauses 4 to 6 of the operative part thereof do not meet the requirements of the present situation;

I, Yuvraj Karan Singh, do hereby direct as follows :

i. A Constituent Assembly consisting of representatives of the people, elected on the basis of adult franchise, shall be constituted forthwith for the purpose of framing a constitution for the State of Jammu and Kashmir;

ii. For the purposes of the said elections the State shall be divided into a number of territorial constituencies, each containing a population of 40,000 or as near thereto as possible, and each electing one member. A delimitation committee shall be set up by the Government to make recommendations as to the number of constituencies and the limits of each constituency;

iii. Elections to the Constituent Assembly shall be on the basis of adult franchise, that is to say, every person who is a State subject of any class, as defined in the notification No……, is not less than twenty-one years of age on the first day of March, has been a resident in the constituency for such period as many be prescribed by the rules, shall be entitled to register in the electoral rolls of that constituency, provided that any person who is of unsound mind or has been so declared by a competent court, shall be disqualified for registration;

iv. The vote at the election shall be by direct and secret ballot ;

v. The Constituent Assembly shall have power to act notwithstanding any vacancy of the membership thereof ;

vi. The Constituent Assembly shall frame its own agenda and make rules for the governing of its procedure and the conduct of its business.

The Government shall make such rules and issue such instructions and orders as may be necessary to give effect to the terms of this proclamation.

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 other-wise requires.

(a) "Constitution of India" means the Constitu-tion 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 commence-ment of this Constitution by the Legislature or other competent authority or person hav-ing power to pass. make or issue such law, ordinance, order bye-law rule, notification or regulation;

(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 in-cluding a reference to an Ordianance 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 pro-perty 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 referen-ces 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 perma-nent 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, per-manent residents of the State;

(b) conferring on permanent residents any special rights or privileges;

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 Legis-lature of the State and all local or other authori-ties 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 natio-nal life.

14. Consistently with the objectives outlined in the foregoing section, the State shall develop in a planed manner the productive forces of the coun-try with a view to enriching the material and cul-tural life of the people and foster and protect.

(a) the public sector where the means of produc-tion are owned by the State;

(b) the co-operative sector where the means of

production are co-operatively owned by indi-viduals or groups of individuals; and

(c) the private sector where the means of produc-tion are owned by an individual or a corpora-tion 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 indus-tries of the State, initiate and execute well consi-dered programmes for refining and modernising techniques and modes of production, including the employment of cheap power so that unnece-ssary drudgery and toil of the workers are elimi-nated and the artistic value of the products en-hanced, 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, im-partiality 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 provi-sion 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 pay-ment for labour in accordance with its quan-tity 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, sana-toria 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 ade-quate 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 ade-quate medical care in all employments;

(d) the right to full equality in all social, educa-tional, political and legal matters; and

(e) special protection against discourtesy, defama-tion, hoolganism and other forms of miscon-duct.

23. The State shall guarantee to the socially and edu-cationally backward sections of the people special care in the promotion of their educational, mate rial 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.

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