Section 35A in THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954
35A. Saving of laws with respect to permanent residents and their rights.—
Notwithstanding anything contained in this Constitution, noexisting law in force in the State of Jammu and Kashmir, and no law here-after enacted by the Legislature of the State,—(a)denning the classes of persons who are, or shall be, permanent resi-dents of the State of Jammu and Kashmir; or(b)conferring on such permanent residents any special rights andprivileges or imposing upon other persons any restrictions as respects—(i)employment under the State Government;(ii)acquisition of immovable properly in the State;(iii)settlement in the State; or(iv)right to scholarships and such other forms of aid as the StateGovernment may provide,shall be void on the ground that it is inconsistent with or taxes away or abridges any rights conferred on the other citizens of India by anyprovision of this Part."(5)PART V.(a)In articles 54 and 55, references to the elected members of the House of the People and to each such member shall include references tothe representatives of the State of Jammu and Kashmir in that House; andthe population of the State shall be deemed to be forty-four lakhs and tenthousand.(b)In the proviso to clause (1) of article 73, the words "or in any lawmade by Parliament" shall be omitted.(c)Article 81 shall apply subject to the modification that the representatives of the State in the House of the People shall be appointed bythe President on the recommendation of the Legislature of the State.(d)In article 134, clause (2), after the words "Parliament may", thewords "on the request of the Legislature of the State" shall be inserted.(e)Articles 135, 136 and 139 shall be omitted.(f)In articles 149 and 150, references to the States shall be construedas not including the State of Jammu and Kashmir.(g)In article 151, clause (2) shall be omitted.(6)PART XI.(a)In article 246, the words, brackets and figures "Notwithstandinganything in clauses (2) and (3)" occurring in clause (1), and clauses (3), (3)and (4) shall be omitted.(b)Articles 248 and 249 shall be omitted.(c)In article 250, for the words "to any of the matters enumerated inthe State List", the words "also to matters not enumerated in the UnionList" shall be substituted.(d)In article 251, for the words and figures, "articles 249 and 250"; theword and figures "article 250" shall be substituted, and the words "underthis Constitution" shall be omitted; and, for the words "under either ofthe said articles", the words "under the said article" shall be substituted.(e)To article 253, the following proviso shall be added, namely: —"Provided that after the commencement of the Constitution (Appli-cation to Jammu and Kashmir) Order, 1954, no decision affectingthe dispositior of the State of Jammu and Kashmir shall bemade by the Government of India without the consent of theGovernment of that State."(f)In article 254, the words, brackets and figure "or to any provision ofan existing law with respect to one of the matters enumerated in theConcurrent List, then, subject to the provisions of clause (2)" and thewords "or as the case may b#. the existing law", occurring in clause (1),and the whole of clause (2) shall be omitted.(g)Article 255 shall be omitted.(h)Article 256 shall be renumbered as clause (1) of that article, andthe following new clause shall be added thereto, namely:—(2)The State of Jammu and Kashmir shall so exercise its executivepower as to facilitate the discharge by the Union of its dutiesand responsibilities under the Constitution in relation to thai,State; and in particular, the said State shall, if so required bythe Union, acquire or requisition property on behalf and at theexpense of the Union, or if the property belongs to the State,transfer it to the Union on such terms as may be agreed, or indefault of agreement, as may be determined by an arbitratorappointed by the Chief Justice of India."(i)Article 259 shall be omitted.(j)In clause (2) of article 261, the words "made by Parliament" shallbe omitted.(7)PART XII.(a)Clause (2) of article 267, article 273, clause (2) of article 283, articles 290. and 291 shall be omitted.(b)In articles 266, 282, 284, 298, 299 and 300, references to the State orStates shall be construed as not including references to the State ofJammu and Kashmir.(c)In articles 277 and 295, references to the commencement of theConstitution shall be construed as references to the commencement of this Order.(8)PART XIII.(a)In clause (1) of article 303, the words "by virtue of any entry relat-ing to trade and commerce in any of the Lists in the Seventh Schedule"shall be omitted.(b)In article 306, references to the commencement of the Constitutionshall be construed as references to the commencement of this Order.(9)PART XIV.In article 308, after the words "First Schedule", the words "other thanthe State of Jammu and Kashmir" shall be added.(10)PART XV.(a)Article 324 shall apply only in so far as it relates to elections toParliament and to the offices of President and Vice-President.(b)Articles 325, 326, 327, 328 and 329 shall be omitted.(11)PART XVI.(a)In article 330, references to the "Scheduled Tribes" shall be omitted.(b)Articles 331, 332, 333, 336, 337, 339 and 342 shall be omitted.(c)In articles 334 and 335, references to the State or the States shall beconstrued as not including references to the State of Jammu and Kashmir.(12)PART XVII.The provisions of this Part shall apply only in so far as they relatet o -(i)the official language of the Union;(ii)the official language for communication between one State andanother, or between a State and the Union; and(iii)the language of the proceedings in the Supreme Court.(13)PART XVIII.(a)To article 352, the following new clause shall be added, namely-(4)No Proclamation of Emergency made on grounds only of internal disturbance or imminent danger thereof shall have effect in relation to the State of Jammu and Kashmir (except asrespects article 354) unless it is made at the request or withthe concurrence of the Government of that State."(b)Articles 356, 357 and 360 shall be omitted.(14)PART XLX.(a)In article 361, after clause (4), the following clause shall be added,namely: —(5)The provisions of this article shall apply in relation to theSadar-i-Riyasat of Jammu and Kashmir as they apply in rela-tion to a Rajpramukh, but without prejudice to the provisionsof the Constitution of that State."(b)Articles 362 and 365 shall be omitted.(c)In article 366, clause (21) shall be omitted.(d)To article 367, there shall be added the following clause, namely: —(4)For the purposes of this Constitution as it applies in relation tothe State of Jammu and Kashmir—(a)references to this Constitution or to the provisions thereof shallbe construed as references to the Constitution or the provisionsthereof as applied in relation to the said State;(b)references to the Government of the said State shall be constru-ed as including references to the Sadar-i-Riyasat acting on theadvice of his Council of Ministers;(c)references to a High Court shall include references to the HighCourt of Jammu and Kashmir;(d)references to the Legislatufe or the Legislative Assembly of thesaid State shall be construed as including references to theConstituent Assembly of the said State;(e)references to the permanent residents of the said State shallbe construed as meaning persons who, before the commence-ment of the Constitution (Application to Jammu and Kashmir)Order, 1954, were recognised as State subjects under the lawsin force in the State or who are recognised by any law madeby the Legislature of the State as permanent residents of theState; and(f)references tc the Rajpramukh shall be construed as referencesto the person for the time being recognised by the Presidentas the Sadar-i-Riyasat of Jammu and Kashmir and as includingreferences to any person for the time being recognised by thePresident as being competent to exercise the powers of theSadar-i-Riyasat.(35)PART XX.To article 368, the following proviso shall be added, namely: —"Provided further that no such amendment shall have effect inrelation to the State of Jammu and Kashmir unless applied byorder of the President under clause (1) of article 370".(16)PART XXI.(a)Articles 369, 371, 373, clauses (1), (2), (3) and (5) of article 374 andarticles 376 to 392 shall be omitted.(b)In article 372—(i)clauses (2) and (3) shall be omitted,(ii)references to the laws in force in the territory of India shallinclude references to hidayats, ailans, islitihars, circularsrobkars, irshads, yadashts, State Council Resolutions, Resolu-tions of the Constituent Assembly, and other instruments havingthe force of law in the territory of the State of Jammu andKashmir; and(iii)references to the commencement of the Constitution shall beconstrued as references to the commencement of this Order.(c)In clause (4) of article 374, the reference to the authority function-ing as the Privy Council of a State shall be construed as a reference to theAdvisory Board constituted under the Jammu and Kashmir ConstitutionAct, 1996, and references to the commencement of the Constitution shallbe construed as references to the commencement of this Order.(17)PART XXII.Articles 394 and 395 shall be omitted.(18)FIRST SCHEDULE.(19)SECOND SCHEDULE.Paragraph 6 shall be omitted.(20)THIRD SCHEDULE.Forms V, VI, VII and VIII shall be omitted.(21)FOURTH SCHEDULE.(22)SEVENTH SCHEDULE.(a)In the Union List—(i)for entry 3, the entry "3. Administration of cantonments" shallbe substituted;(ii)entries 8, 9, 33 and 34, the words "trading corporations including"in entry 43, entries 44, 50, 52, 54, 55, 60, 67, 69, 78 and 7!) thewords inter-State migration" in entry 81, and entry 97 shall beomitted;(iii)for entry 53, the entry "53. Petroleum and Petroleum Producesbut excluding the regulation and development of oilfields and"mineral oil resources; other liquids and substances declared bvParliament by law to be dangerously inflammable" shall besubstituted; and(iv)in entries 72 and 76, the reference to the States shall be construed as not including a reference to the State of Jammu andKashmir.(b)The State List and the Concunent List shall be omitted.(23)EIGHTH SCHEDULE.(24)NINTH SCHEDULE.
