Article 370
of the Constitution of India
{370. Temporary
provisions with respect of the State of Jammu
and Kashmir }
1. Notwithstanding anything in this
Constitution:
a. the provisions of article 238 shall not
apply in relation to the State of Jammu and
Kashmir,
b. the power of Parliament to make laws for
the said State shall be limited to;
i. 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
ii. 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;
c. he provisions of article 1 and of this
article shall apply in relation to this State;
d. 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
i. 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:
ii. 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.
2. 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.
3. 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.
4. 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.
