CONSTITUTION OF JAMMU AND KASHMIR (TWELFTH AMENDMENT) ACT, 1975

Preamble - THE CONSTITUTION OF JAMMU AND KASHMIR (TWELFTH AMENDMENT) ACT, 1975

THE CONSTITUTION OF JAMMU AND KASHMIR (TWELFTH AMENDMENT) ACT, 1975

[19th October, 1975]

PREAMBLE

An Act further to amend the Constitution of Jammu and Kashmir. Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-sixth Year of the Republic of India as follows:?

 

Section 1 - Short title and commencement

(1)     This Act may be called the Constitution of Jammu and Kashmir (Twelfth Amendment) Act, 1975.

 

(2)     This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

 

Section 2 - Amendment of section 47 of the Constitution of Jammu and Kashmir

In section 47 of the Constitution of Jammu and Kashmir (hereinafter referred to as "the Constitution") for sub-section (2) the following sub-section shall be substituted, namely:?

"(2) For the purpose of sub-section (1), the State shall be divided into single member territorial constituencies by such authority and in such manner as the Legislature may by law determine".

 

Section 3 - Amendment of section 48 of the Constitution

In clause (a) of section 48 of the Constitution for the words "twenty-five seats", the words, "twenty-four seats", shall be substituted.

 

Section 4 - Insertion of new section after section 48 of the Constitution

After section 48 of the Constitution, following section shall be inserted, namely:? 

48-A. Holding of general election in the event of earlier dissolution of Legislative Assembly.--

Notwithstanding anything contained in this Constitution if upon the completion of a census, but before the final readjustment of territorial constituencies, the Legislative Assembly is dissolved prior to the expiry of its duration and the Governor is satisfied that holding of general election without delay is necessary, he may after consulting the Election Commission, by notification direct that the general election shall be held on the basis of the last preceding delimitation of territorial constituencies.".

 

Section 5 - Amendment of section 49 of the Constitution

In section 49 of the Constitution, clause (a) of explanation to sub-section (1) shall be substituted, by the following, namely:?

"(a) the expression 'population' means the population as ascertained at the last preceding census of which the relevant figures have been published; and".