1. The State of Jammu and Kashmir which is
a constituent unit of
the Union of India, shall, in its
relation with the Union, continue to be
governed by Article 370 of the Constitution of
India.
2. The residuary powers of legislation
shall remain with the State; however,
Parliament will continue to have power to make
laws relating to the prevention of activities
directed towards disclaiming, questioning or
disrupting the sovereignty and territorial
integrity of India or bringing about cession
of a part of the territory of India or
secession of a part of the territory of India
from the Union or causing insult to the Indian
National Flag, the Indian National Anthem and
the Constitution.
3. Where any provision of the Constitution
of India had been applied to the State of
Jammu and Kashmir with adaptation and
modification, such adaptations and
modifications can be altered or repealed by an
order of the President under Article 370, each
individual proposal in this behalf being
considered on its merits ; but provisions of
the Constitution of India already applied to
the State of Jammu and Kashmir without
adaptation or modification are unalterable.
4. With a view to assuring freedom to the
State of Jammu and Kashmir to have its own
legislation on matters like welfare measures,
cultural matters, social security, personal
law and procedural laws, in a manner suited to
the special conditions in the State, it is
agreed that the State Government can review
the laws made by Parliament or extended to the
State after 1953 on any matter relatable to
the Concurrent List and may decide which of
them, in its opinion, needs amendment or
repeal. Thereafter, appropriate steps may be
taken under Article 254 of the Constitution of
India. The grant of President’s assent to such
legislation would be sympathetically
considered. The same approach would be adopted
in regard to laws to be made by Parliament in
future under the Proviso to clause 2 of the
Article. The State Government shall be
consulted regarding the application of any
such law to the State and the views of the
State Government shall receive the fullest
consideration.
5. As an arrangement reciprocal to what has
been provided under Article 368, a suitable
modification of that Article as applied to
State should be made by Presidential order to
the effect that no law made by the Legislature
of the State of Jammu and Kashmir, seeking to
make any change in or in the effect of any
provision of Constitution of the State of
Jammu and Kashmir relating to any of the under
mentioned matters, shall take effect unless
the Bill, having been reserved for the
consideration of the President, receives his
assent ; the matters are: -
a.
the appointment, powers, functions,
duties, privileges and immunities of the
Governor, and
b.
the following matters relating to
Elections namely, the superintendence,
direction and control of Elections by the
Election Commission of India, eligibility for
inclusion in the electoral rolls without
discrimination, adult suffrage and composition
of the Legislative Council, being matters
specified in sections 138,139, 140 and 50 of
the Constitution of the State of Jammu and
Kashmir.
6. No agreement was possible on the
question of nomenclature of the Governor and
the Chief Minister and the matter is therefore
remitted to the Principals.
