[CONSTITUTION (APPLICATION TO
JAMMU AND KASHMIR) ORDER, 1950][1] In exercise of the
powers conferred by clause (1) of article 370 of the Constitution of India, the
President, in consultation with the Government of the State of Jammu and
Kashmir, is pleased to make the following Order, namely: (1) This Order may be called the
Constitution (Application to Jammu and Kashmir) Order. 1950. (2) It shall come into force at once. For the purposes of sub-clause (b) (i) of clause
(1) of article 370 of the Constitution, the matters specified in the First
Schedule to this Order, being matters in the Union List, are hereby declared to
correspond to matters specified in the Instrument of Accession governing the
accession of the State of Jammu and Kashmir to the Dominion of India as the
matter with regard to which the Dominion Legislature may make laws for that
State; and accordingly, the power of Parliament to make laws for that State
shall be limited to the matters specified in the said First Schedule. In addition to the provisions of article 1 and
article 370 of the Constitution, the only other provisions of the Constitution
which shall apply in relation to the State of Jammu and Kashmir shall be those
specified in the Second Schedule to this Order, and shall so apply subject to
the exceptions and modifications specified in the said Schedule [2][and to the modification that all
references in the said provisions to the Rajpramukh shall be construed as
references to the Sadar-i-Riyasat of Jammu and Kashmir]. (See paragraph 2) [Note.--The number of each entry in this Schedule
is the number of the corresponding entry in the Union List.] (1) Defence of India and every part thereof including preparation for
defence. (2) Naval, Military and air forces; and other armed forces of the Union. (3) Delimitation of cantonment areas, local self-government in such areas,
the constitution and powers within such areas of cantonment authorities and
the regulation of house accommodation (including the control of rents) in such
areas. (4) Naval, military and air force works. (5) Arms, firearms, ammunition and explosives. (6) Atomic energy for the purpose of defence and mineral resources
necessary for its production. (7) Preventive detention for reasons connected with Defence, Foreign Affairs
or the security of India. (8) Foreign Affairs; all matters which bring the Union into relation with
any foreign country. (9) Diplomatic, consular and trade representation. (10) United Nations Organisation. (11) Participation in international conferences, associations and other
bodies and implementing of decisions made thereat. (12) Entering into treaties and agreements with foreign countries, and
implementing of treaties, agreements and conventions with foreign countries. (13) War and peace. (14) Foreign jurisdiction. (15) Naturalisation and aliens. (16) Extradition. (17) Admission into, and emigration and expulsion from, India ; passports and
visas. (18) Pilgrimages to places outside India. (19) Piracies and crimes committed on the high seas or in the air, offences
against the law of nations committed on land or on the high seas or in the air. (20) Railways, but as respects any railway owned by the State of Jammu and
Kashmir, and either operated by that State or operated on its behalf otherwise
than in accordance with a contract with the State by the Government of India,
limited to the regulation thereof in respect, of safety, maximum and minimum
rates and fares, station and service terminal charges, inter-change of traffic
and the responsibility of the railway administration as carriers of goods and
passengers, and as respects any railway which is wholly situate within the
State and does not form a continuous line of communication with a railway owned
by the Government of India, whether of the same gauge or not, limited to the
regulation there of in respect of safety and the responsibility of the railway
administration as carriers of goods and passengers. (21) Maritime shipping and navigation, including shipping and navigation on
tidal waters; provision of education and training for the mercantile marine and
regulation of such education and training provided by States and other
agencies, (22) Lighthouses, including lightships, beacons and other provision for the
safety of shipping and aircraft. (23) Ports declared by or under law made by Parliament or existing law to be
major ports, including their delimitation, and the constitution and powers of
port authorities therein. (24) Port quarantine, including hospitals connected therewith ; seamen's and
marine hospitals. (25) Airways ; aircraft and air navigation ; provision of aerodromes ;
regulation and organisation of air traffic and of aerodromes ; provision for
aeronautical education and training and regulation of such education and
training provided by States and other agencies. (26) Carriage of passengers and goods by railway, sea or air. (27) Posts and telegraphs, telephones, wireless, broadcasting and other like
forms of communication. (28) Trade and commerce with foreign countries. (29) Elections to Parliament, and the offices of President and Vice-President
; the Election Commission. (30) Salaries and allowances of members of Parliament, the Chairman and of
the House of the People. (31) Powers, privileges and immunities of each House of Parliament and of
the members and the committees of each House, enforcement of attendance of
persons for giving evidence or producing documents before committees of
Parliament or commissions appointed by Parliament. (32) Salaries and allowances of the Ministers for the Union ; the salaries,
allowances, and rights in respect of leave of absence and other conditions of
service of the Comptroller and Auditor-General. (33) Audit of the accounts of the Union. (34) Constitution and organisation of the Supreme Court, and the fees taken
therein ;persons entitled to practice before the Supreme Court, (35) Extension of the powers and jurisdiction of members of a police force
belonging to any State to railway areas outside that State. (36) Offences against laws with respect to any of the matters aforesaid. (37) Inquiries and statistics for the purpose of any of the matters
aforesaid. (38) Jurisdiction and powers of all courts, except the Supreme Court, with
respect to any of the matters aforesaid, but, except with the consent of the
State Government, not so as to confer any jurisdiction or powers upon any
courts other than courts ordinarily exercising jurisdiction in, or in relation
to, the State; admiralty jurisdiction, (39) Fees in respect of any of the matters aforesaid, but not including fees
taken in any court. (See paragraph 3) Provisions of the Constitution applicable Exceptions Modifications Part V Articles 72(1)(c), 72(3), 133, 134, 135, 136,
138, 145(1)(c) and 151(2). (1) Articles 80 and 81 shall apply subject to
the modification that the representatives of the State in the Council of
States and the House of. the People, respectively, shall be chosen by the
President in consultation with the Government of the State, [3](1A) Articles 54 and 55 shall
apply subject to the modifications-- (a) that the references therein to the elected
members of both Houses of Parliament and to each elected member of either
House of Parliament shall be deemed to include, respectively, a reference to
the representatives of the State in those Houses and to each such representative, (b) that the references to the elected members
of the Legislative Assemblies of the States and to each such elected member
shall be deemed to include, respectively, a reference to. the. members of the
Constituent Assembly of the State and to each such member, and (c) that the population of the State shall be
deemed to be forty-four lakhs and ten thousand. (2) Articles 149 and 150 shall apply subject to
the modification that the references therein to the State shall be construed
as not including the State of Jammu and Kashmir. - Part XI Articles 247 to 252, clauses (3) and (4) of
article 257 and articles 260, 262 and 263. (1) Clause (1) of article 246 shall apply subject
to the provisions, of paragraph (2) of this Order and clauses (2) and (3) of
article 246 shall not apply in relation to the State. (2) Clause (1) of article 259 shall, apply
subject to the modification that after the, words "until Parliament by
law otherwise provides", the words "and the concurrence of the
State to such law has been obtained" shall be deemed to be inserted. Part XII Articles 264 and 265, clause (2) of article 267,
articles 268 to 281, clause (2) of article 283, articles 286 to 291, 293,
295, 296, and 297. (1) Article 266 shall apply only in so far as it
relates to the Consolidated Fund of India and the public account of India. (2) Articles 282 and 284 shall apply only in so
far as they relate to the Union or the public account of India.(3) Articles
298, 299 and 300 shall apply only in so far as they relate to the Union or
the Government of India. Part XV Articles 325 to 329 Article 324 shall apply only in so far as it
relates to elections to Parliament and to the offices of the President and
Vice-President. Part XVI Articles, 332, 333 and 337 to 342. (1) Article 330 shall apply only in so far as it
relates to seats reserved for Scheduled Castes. (2) Article 334 shall apply only in so far as it
relates to the House of the People. (3) Article 335 shall apply only in so far as it
relates to the Union. Part XVII Nil The provisions of this Part shall apply only in
so far as they relate to the official language of the Union and to
proceedings in the Supreme Court. Part XIX Articles 362, 363 [4][and 365 and clause (21) of
article 366.] (1) Article 361 shall apply only in so far as it
relates to the President. (2) Article 364 shall apply only in so far as it
relates to the laws made by Parliament. Part XX Nil Article 368 shall apply subject to the additional
proviso: "Provided further that no such amendment
shall have effect in relation to the State of Jammu and Kashmir unless
applied by order of the President under clause (1) of article 370." Part XXI Articles 369, 371 and 373, clause (4) of article 374,
articles [5][376, 378 and 386] and clause
(2) of article 388. (1) In clause (3) of article 37 after the words
"Minister for any such State", the words "other than the State
of Jammu and Kashmir" shall be deemed to be inserted. (2) Article 389 shall apply only in so far as it
relates to Bills pending in the Dominion Legislature. (3) Article 390 shall apply only in so far as it
relates to the Consolidated Fund of India. Pan XXII Nil Nil. First Schedule Nil Nil. Second Schedule Paragraph 6 Nil. Third Schedule Forms V, VI, VII and VIII Nil. Fourth Schedule Nil Nil. Eighth Schedule Nil Nil.CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1950
PREAMBLE