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Article 370 of the Constitution of India
{370. Temporary provisions with respect of the State of Jammu and
Kashmir }
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Notwithstanding anything in this Constitution:
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the provisions of article 238 shall not apply in relation to
the State of Jammu and Kashmir,
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the power of Parliament to make laws for the said State shall
be limited to;
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those matters in the Union List and the Concurrent List which,
in consultation with the Government of the State, are declared
by the President to correspond to matters specified in the
Instrument of Accession governing the accession of the State
to the Dominion of India as the matters with respect to which
the Dominion Legislature may make laws for that State; and
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such other matters in the said Lists, as, with the concurrence
of the Government of the State, the President may by order
specify.
Explanation—For the purpose of this article, the Government
of the State means the person for the time being recognised
by the President as the Maharaja of Jammu and Kashmir acting
on the advice of the Council of Ministers for the time being
in office under the Maharaja’s Proclamation dated the fifth
day of March, 1948;
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he provisions of article 1 and of this article shall apply
in relation to this State;
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such of the other provisions of this Constitution shall apply
in relation to that State subject to such exceptions and modifications
as the President may by order specify
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Provided that no such order which relates to the matters
specified in the Instrument of Accession of the State referred
to in paragraph (i) of sub-clause (b) shall be issued except
in consultation with the Government of the State:
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Provided further that no such order which relates to matters
other than those referred to in the last preceding proviso
shall be issued except with the concurrence of the Government.
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If the concurrence of the Government of the State referred to
in paragraph (ii) of sub-clause (b) of clause (1) or in second
proviso to sub-clause (d) of that clause be given before the Constituent
Assembly for the purpose of framing the Constitution of the State
is convened, it shall be placed before such Assembly for such
decision as it may take thereon.
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Notwithstanding anything in the foregoing provisions of the article,
the President may, by public notification, declare that this article
shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may notify:
Provided that the recommendation of the Constituent Assembly of
the State referred to in clause (2) shall be necessary before
the President issues such a notification.
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In exercise of the powers conferred by this article the President,
on the recommendation of the Constituent Assembly of the State
of Jammu and Kashmir, declared that, as from the 17th day of November,
1952, the said art. 370 shall be operative with the modification
that for the explanation in cl.(1) thereof the following Explanation
is substituted namely:
Explanation—For the purpose of this Article, the Government
of the State means the person for the time being recognised by
the President on the recommendation of the Legislative Assembly
of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting
on the advice of Council of Ministers of the State for the time
being in office.
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