CONSTITUTION
OF JAMMU AND KASHMIR (SIXTH AMENDMENT) ACT, 1965 THE CONSTITUTION OF JAMMU AND KASHMIR (SIXTH AMENDMENT) ACT, 1965 [10th April, 1965] An Act further to amend the Constitution of Jammu and Kashmir. Be it enacted by the Jammu
and Kashmir State Legislature in the Sixteenth Year of the Republic of India as
follows: ? This Act may be called the
Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965. In the Constitution of
Jammu and Kashmir (hereinafter referred to as 'the Constitution') except in
Parts XII and XIII for the expressions "Sadar-i-Riyasat" and
"Prime Minister" wherever they occur the expressions
"Governor" and "Chief Minister" shall respectively be
substituted. In section 2 of the
Constitution, after sub-section (2) the following sub-section shall be
inserted, namely:? "(3) Any reference in
this Constitution to the Sadar-i-Riyasat shall, unless the context otherwise
requires, be construed as a reference to the Governor". For section 27 of the
Constitution, the following section shall be substituted, namely:? 27. Appointment of Governor The Governor shall be
appointed by the President by warrant under his hand and seal: Provided that the person
holding office as Sadar-i-Riyasat immediately before the commencement of the
Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, shall on such
commencement be the Governor and shall, subject to the other provisions of this
Constitution, continue to hold office as Governor until the remaining period of
his term for which he was elected as Sadar-i-Riyasat expires." For section 29 of the
Constitution, the following section shall be substituted, namely: ? 29. Qualifications for
appointment as Governor No person shall be eligible
for appointment as Governor unless he is a citizen of India and has completed
the age of thirty years." In section 30 of the
Constitution, in sub-section (1) for the words "Elected and
recognized" the word "appointed" shall be substituted. For section 31 of the
Constitution, the following section shall be substituted, namely: ? 31. Oath of office The Governor and every
person discharging the functions of the Governor 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 that Court available, an
oath or affirmation in the following form, that is to say? I, A. B., do swear in the
name of God/solemnly affirm_________________________________that I will faithfully execute the
office of Governor (or discharge the functions of the Governor) 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 the State. Section 32 of the
Constitution shall be omitted. For section 33 of the
Constitution, the following section shall be substituted, namely: ? 33. Discharge of the
functions of the Governor in certain contingencies.-- The President may make such
provision as he thinks fit for the discharge of functions of the Governor in
any contingency not provided for in this Part". In section 51 of the
Constitution, for clause (a), the following clause shall be substituted,
namely:? (a) is a
permanent resident of the State, and makes and subscribes before some person
authorised in that behalf by the Election Commission of India an oath or
affirmation according to the form set out for the purpose in the Fifth Schedule. (1)
Section 95 of the Constitution shall be renumbered as subsection
(1) of that section, and? (a)
in sub-section (1) as so renumbered, for the words "sixty
years" the words "sixty-two years" shall be substituted; (b)
after sub-section (1) the following sub-section shall be inserted,
namely: (2)
If any question arises as to the age of a Judge of the High Court,
the question shall be decided by the President after consultation with the
Chief Justice of India and the decision of the President shall be final. In section 100-A of the
Constitution, in sub-section (3), for the words "sixty years" the
words "sixty-two years" shall be substituted. After section 100-A of the
Constitution, the following section shall be inserted, namely:? 100-B Appointment of
retired Judges at sittings of the High Court.-- Notwithstanding anything in
this Part, the Chief Justice of the High Court may at any time, with the
previous consent of the President, request any person who has held the office
of a Judge of that Court or of any other High Court in India to sit and act as
Judge of the High Court, and every such person so requested shall, while so
sitting and acting, be entitled to such allowances as the President may by
order determine and have all the jurisdiction, powers and privileges of, but
shall not otherwise be deemed to be a Judge of the High Court: Provided that nothing in
this section shall be deemed to require any such person as aforesaid to sit and
act as a Judge of the High Court unless he consents so to do." (1)
In section 126 of the Constitution for sub-sections (2) and (3)
the following sub-sections shall be substituted, namely:? (2)
No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed of the
charges against him and given a reasonable opportunity of being heard in respect
of those charges and where it is proposed, after such inquiry, to Impose on him
any such penalty, until he has been given a reasonable opportunity of making
representation on the penalty proposed, but only on the basis of the evidence
adduced during such inquiry: Provided that this
sub-section shall not apply? (a)
where a person is dismissed or removed or reduced in rank on the
ground of conduct which has led to his conviction on a criminal charge; or (b)
where the authority empowered to dismiss or remove a person or to
reduce him in rank is satisfied that for some reasons, to be recorded by that
authority in writing, it is not reasonably practicably to hold such inquiry; or (c)
where the Governor is satisfied that in the interest of the
security of the State, it is not expedient to hold such inquiry. (3)
If, in respect of any such person as aforesaid, a question arises
whether it is reasonably practicable to hold such inquiry as is referred to in
sub-section (2), the decision thereon of the authority empowered to dismiss or
remove such person or to reduce him in rank shall be final." Sections 148, 149, 150, 151
and 152 of the Constitution shall be omitted. The First Schedule to the
Constitution shall be omitted. In the Fourth Schedule to
the Constitution in paragraph 2, in clause (a) the words "Governor"
and "Sadar-i-Riyasat" shall be omitted. In the Fifth Schedule to
the Constitution? (a)
in Form A, B and D after the words "Constitution of the State
as by law established" the words "that I will uphold the sovereignty
and integrity of India" shall be inserted; (b)
for Form C, the following shall be substituted, namely:? "FORM C" (I) Form of oath or affirmation to be made by a candidate for election
to the State
Legislature "I, A. B., having been
nominated as a candidate to fill a seat in the Legislative Assembly (or
Legislative Council) do swear in the name of God/solemnly affirm that I will
bear true faith and allegiance to the Constitution of the State as by law
established and that I will uphold the sovereignty and integrity of India. (II) Form of oath or affirmation to be made by a member of the State Legislature I, A. B, having been
elected (or nominated) a member of the Legislative Assembly (or Legislative
Council) do swear in the name of God/solemnly affirm that I will bear true
faith and allegiance to the Constitution of the State as by law established,
that I will uphold the sovereignty and integrity of India and that I will
faithfully discharge the duty upon which I am about to enter." Any reference in any other
law, Ordinance, order, rule, bye-law, notification or regulation in force in
the State immediately before commencement of the Constitution of Jammu and
Kashmir (Sixth Amendment) Act, 1965, to the Sadar-i-Riyasat or the Prime Minister
shall, unless the context otherwise requires, be construed respectively as a
reference to the Governor or the Chief Minister. Anything done or any action
taken (including any order, rule, appointment or delegation made, notification,
order, instruction or direction issued) before the commencement of the
Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, by or on behalf
of the Sadar-i-Riyasat or the Prime Minister under the provisions of the
Constitution or any other law in force in the State shall continue in force
unless and until superseded by anything done or any action taken by or on
behalf of the Governor, the Chief Minister, or, as the case may be, any other
competent authority.
Preamble - THE CONSTITUTION OF JAMMU AND KASHMIR (SIXTH AMENDMENT)
ACT, 1965PREAMBLE