Political Constitution of Jammu & Kashmir Part V: The Executive - The Sadar-I-Riyasat
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 confer-ring 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 offlee.
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 Legis-lative 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 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 punish-ment 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 conse-cutive 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 Govern-ment, 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 rqeuires 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.
