Section 2 in THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954
2. The provisions of the Constitution which, in addition to article 1 and article 370, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:—
(1)THE PREAMBLE.(2)PART ITo article 3, there shall be added the following further proviso, namely: —"Provided further that no Bill providing for increasing or diminishing the area 01 the State of Jammu and Kashmir or altering the name or boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State."(3)PART II.(a)This Part shall be deemed to have been applicable in relation to the, State of Jammu and Kashmir as from the 26th day of January, rroO.(b)To article 7, there shall be added the following further proviso, namely: —"Provided further that nothing in this article shall apply to a permanent resident of the State of Jammu and Kashmir who, after having so migrated to the territory now included in Pakistan^ returns to the territory of that State under a permit for re-settlement in that State or permanent return issued by or underthe authority of any law made by the Legislature of that State, and every such person shall be deemed to be a citizen of India."(4)PART III.(a)In article 13, references to the commencement of the Constitution, shall be construed as references to the commencement of this Order.(b)In clause (4) of article 15, the reference to Scheduled Tribes shall be omitted.(c)In clause (3) of article 16, the reference to the State shall be construed as not including a reference to the State of Jammu and Kashmir.(d)In article 19, for a period of five years from the commencement of this Order: —(i)in clauses (3) and (4) after the words "in the interests of" the words "the security of the State or" shall be inserted;(ii)in clause (5), for the words "or for the protection of the interests * of any Scheduled Tribe" the words "or in the interests of the security of the State" shall be substituted; and(iii)the following new clause shall be added, namely: —(7)The words "reasonable restrictions" occurring in clauses (2), (3), (4) and (5) shall be construed as meaning such restrictions as the appropriate Legislature deems reasonable.'(e)In clauses (4) and (7) of article 22, for the word "Parliament", the words "the Legislature of the State" shall be substituted.(/) In article 31, clauses (3), (4) and (6) shall be omitted; and for clause(5), there shall be substituted the following clause, namely:--"(5) Nothing in clause (2) shall affect—(a)the provisions of any existing law; or(b)the provisions of any law which the State may hereafter make—(i)for the purpose of imposing or levying any tax or penalty; or(ii)for the promotion of public health or the prevention of danger to life or property; or(iii)with respect to property declared by law to be evacuee property."(g)In article 31A, the proviso to clause (1) shall be omitted; and for sub-clause (a) of clause (2), the following sub-clause shall be substituted, namely: —(a)"estate" shall mean land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes—(i)sites of buildings and other structures on such land;(ii)trees standing on such land;SEC. 3J. THIS GAZETTE 6tf INDIA EXTftAOnDlNARY 823(iii)forest land and wooded waste;(iv)^rea covered by or fields floating over water;(v)™tes of jandarrs and gharats;(vi)any jagir, inam, muafi or mukarrari or other similar grant; but does not include—(i)the site of any building in any town, or town area or village abadi or any land appurtenant to any such building or site;(ii)any land which is occupied as the site of a town or village; or(iii)any land reserved for building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned.'(h)In article 32, clause (3) shall be omitted; and after clause (2), the following new clause shall be inserted, namely: —(2A)Without prejudice to the powers conferred by clauses (1) and (2), the High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, including in appropriate cases any Government within those territories, directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by this Part."(i)In article 35—(i)references to the commencement of the Constitution shall be construed as references to the commencement of this Order;(ii)in clause (a) (i), the words, figures and brackets "clause (3) of article 16, clause (3) of article 32" shall be omitted; and(iii)after clause (b), the following clause shall be added, namely: —(c)no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is inconsistent with any of the provisions of this Part, but any such law shall, to the extent of such in-eonsistency, cease to have effect on the expiration of five years from the commencement of the said Order, except as respects things done or omitted to be done before the expiration thereof".(j)After article 35, the following new article shall be added, namely: —
