[Reader-list] The Constitution of Jammu and Kashmir, 1956 - Legal Document No 140

[Pawan Durani]

*The Constitution of Jammu and Kashmir, 1956*
Legal Document No 140
    *(Extract)*

We, the people of the State of Jammu and Kashmir, having solemnly resolved,
in pursuance of accession of this State to
India which took place on the twenty-sixth day of October, 1947, to further
define the existing relationship of the State with the Union of India as an
integral part thereof, and to secure to ourselves.

*JUSTICE*, social, economic and political;
*LIBERTY* of thought, expression, belief, faith and worship; EQUALITY of
status and of opportunity; and to promote among us all;
*FRATERNITY*, assuring the dignity of the individual and the unity of the
Nation;

*IN OUR CONSTITUENT ASSEMBLY* This seventeenth day of November, 1956 do
Hereby Adopt Enact and Give to ourselves this constitution.

*PART I*
*PRELIMINARY*

1. (1) this Constitution may be called the Constitution of Jammu and
Kashmir.

 (2) This section and sections 2,3,4,5,6,7,8, and 158 shall come into force
et once and the remaining provisions of this constitution shall come into
force on the twenty-sixth day of January, 1957, which day is referred to in
this Constitution as the commencement of this Constitution.

2. (I) In this Constitution, unless the context other-wise
requires.

(a) "Constitution of India" means the Constitu-tion of India as applicable
in relation to this State.

(b) "existing law" means any law, ordinance, order bye-law, rule
notification; or regulation based, made or issued before the commence-ment
of this Constitution by the Legislature or other competent authority or
person hav-ing power to pass. make or issue such law, ordinance, order
bye-law rule, notification or regulation;

(c) "Part" means a part of this Constitution;

(d) "Schedule" means a schedule to this Constitution; and

(e) "taxation" includes the imposition of any tax or impost, whether general
or local or special, and "tax" shall be construed accordingly.

(2) Any reference in this Constitution to Acts or laws of the State
Legislature shall be construed as in-cluding a reference to an Ordianance
made by the Sadar-i-Riyasat.

*PART II*
*THE STATE*

(3) The State of Jammu and Kashmir is and shall be an integral part of the
Union of India.

(4) The territory of the State shall comprise all the territories which on
the fifteenth day of August, 1947, were under the sovereignty or suzerainty
of  the Ruler of the State.

(5) The executive and legislative power of the State extends to all matters
except those with respect to which Parliament has power to make laws for the
State under the provisions of the Constitution of India.

*PART III*
*PERMANENT RESIDENTS*

(6) (l) Every person who is, or is deemed to be, a citizen of India under
the provisions of the Constitution of India shall be a permanent resident of
the State, if on the fourteenth day of May, 1954.

(a) he was a State subject of class I or of class II: or

(b) having lawfully acquired immovable pro-perty in the State, he has been
ordinarily resident in the State for not less than ten years prior to that
date.

(2) Any person who, before the fourteenth day of May, 1954 was a State
subject of Class I or of Class II and who, having migrated after the first
day of March, 1947, to the territory -now included in Pakistan, returns to
the State under a permit for resettlement in the State or for permanent
return issued by or under the authority of any law made by the State
Legislature shall on such return be a permanent resident of the State.

(3) In this section, the expression "State subject of Class I or of Class
II" shall have the same -meaning as the State Notification No I-L/84 dated
the twentieth April. '1927, read with State Notification No 13/L dated the
twenty- seventh June, 1932.

7. Unless the context otherwise requires, all referen-ces in any existing
law to hereditary State subject or to State subject of class I or of Class
II or of class III shall be construed as references to perma-nent residents
of the State.

8. Nothing in foregoing provisions of this part shall derogate from the
power of the State legislature to make any law defining the classes the
persons who are, or shall be permanent residents of the State.

9. A Bill marking provision for any of the following matters, namely.

(a) defining or altering the definition of, the classes of persons who are,
or shall be, per-manent residents of the State;

(b) conferring on permanent residents any special rights or privileges;

(c) regulating or modifying any special rights or privileges enjoyed by
permanent residents;
shall be deemed to be passed by either House of the Legislature only if It
is passed by a majority of not less than two-thirds of the total membership
of that House.

10. The permanent residents of the State shall have all the rights
guaranteed to them under the Constitution of India.

*PART IV*
*DIRECTIVE PRINCIPLES OF STATE POLICY*

11. In this part, unless the context otherwise requires, the State includes
the Government and the Legis-lature of the State and all local or other
authori-ties within the territory of the State or under the control of the
Government of the State.

12. The provisions contained in this Part shall not be enforceable by any
court, but the principles therein laid down are nevertheless fundamental in
the governance of the State and it shall be the duty of the State to apply
these principles in making laws.

13. The prime object of the State consistent with the ideals and objectives
of the freedom movement envisaged in "New Kashmir" shall be the pro-motion
of the welfare of the mass of the people by establishing and preserving a
socialist order of society wherein all exploitation of man has been
abolished and wherein justice-social, economic and political-shall inform
all the institutions of natio-nal life.

14. Consistently with the objectives outlined in the foregoing section, the
State shall develop in a planed manner the productive forces of the coun-try
with a view to enriching the material and cul-tural life of the people and
foster and protect.

(a) the public sector where the means of produc-tion are owned by the State;

(b) the co-operative sector where the means of
production are co-operatively owned by indi-viduals or groups of
individuals; and

(c) the private sector where the means of produc-tion are owned by an
individual or a corpora-tion employing labour, provided that the operation
of this sector is not allowed to result in the concentration of wealth or of
the means of production to the common detriment.

15. The State shall endeavour to organise and develop agriculture and animal
husbandry by bringing to the aid of the cultivator tile benefits of modern
and scientific research and techniques so as to ensure a speedy improvement
in the standard of living as also the prosperity of the rural masses.

16. The State shall take steps to organise village panchayats and endow them
with such powers and authority as may be necessary to enable them to
function as units of self-government.

17. The State shall, in order to rehabilitate, guide and promote the
renowned crafts and cottage indus-tries of the State, initiate and execute
well consi-dered programmes for refining and modernising techniques and
modes of production, including the employment of cheap power so that
unnece-ssary drudgery and toil of the workers are elimi-nated and the
artistic value of the products en-hanced, while Else fullest scope is
provided for the encouragement and development of individual talent and
initiative.

18. The State shall lake steps to separate the judiciary from the executive
in the public-services, and shall seek to secure a judicial system which is
humane, cheap, certain, objective and impartial, whereby justice shall be
done and shall be seen to be done and shall further strive to ensure
efficiency, im-partiality and incorruptibility of its various organs of
justice, administration and public utility.

19. The State shall, within the limits of its economic capacity and
development, make effective provi-sion for securing:

(a) that all permanent residents, man and women equally, have the right to
work, that is, the right to receive guaranteed work with pay-ment for labour
in accordance with its quan-tity and quality subject to a basic minimum and
maximum wage established by law;

(b) that the health and strength of workers, men and women and the tender
age of children are not abused and that permanent residents are not forced
by economic necessity to enter avocations unsuited to their sex, age or
strength;

(c)    that all workers, agricultural or otherwise have reasonable, just and
humane conditions of work with full enjoyment of leisure and social and
cultural opportunities, and

(d) that all permanent residents have adequate maintenance in old age as
well as in the event of sickness, disablement unemployment and other cases
of undeserved want by providing social insurance, medical aid, hospitals,
sana-toria and health resorts at State expense.

20. The State shall endeavour:

(a) to secure to every permanent resident the right to free education upto
the University standard;

(b) to provide, within a period often years from the commencement of this
constitution, com-pulsory education for all children until they complete the
age of fourteen years; and

(c) to ensure to all workers and employees ade-quate facilities for adult
education and part -time technical, professional and vocational courses.

21. The State shall strive to secure:

(a) to all children the right to happy childhood with adequate medical care
and attention; and

(b) to all children and youth equal opportunities in education and
employment, protection against exploitation, and against moral or material
abandonment.

22. The State shall endeavour to secure to all women:

(a) the right to equal pay for equal work;

(b) the right to maternity benefits as well as ade-quate medical care in all
employments;

(c) the right reasonable maintenance, extending to cases of married women
who have been divorced or abandoned;

(d) the right to full equality in all social, educa-tional, political and
legal matters; and

(e) special protection against discourtesy, defama-tion, hoolganism and
other forms of miscon-duct.

23. The State shall guarantee to the socially and edu-cationally backward
sections of the people special care in the promotion of their educational,
mate rial and cultural interests and protection against social injustice.

24. The State shall make every effort to safeguard and promote the health of
the people by advancing public hygiene and by prevention of disease through
sanitation, pest and vermin control, propaganda and other measures, and by
ensuring widespread, efficient and free medical services throughout the
State and, with particular emphasis, in its remote and backward regions.

25. The State shall combat ignorance, superstition, fanaticism,
communialism, racialism, cultural
backwardness and shall seek to foster brotherhood and equality among all
communities under the aegis of a secular State.

*PART V*
*THE EXECUTIVE*
*THE SADAR-I-RIYASAT*

26. (1) The Head of the State shall be designated as the Sadar-i-Riyasat.

(2) The executive power of the State shall be vested in the Sadar-i-Riyasat
and shall be exercised by him either directly or through officers
subordinate to him in accordance with this Constitution.

(3) Nothing in this Section shall:

(a) be deemed to transfer to the Sadar-i--Riyasat any functions conferred by
any existing law on any other authority; or

(b) prevent the State legislature from confer-ring by law functions on any
authority subordinate to the Sadar-i-Riyasat.

27. The Sadar-i-Riyasat shall be the person who for the time being is
recognised by the President as such:
Provided that no person shall be so recognised unless he:

(a) is a permanent resident of the state;
(b) is not less than twenty-five years of age; and
(c) has been elected as Sadar-i-Riyasat by a majority of the total
membership of the Legislative Assembly in the manner set out in the First
Schedule.

28. (1) The Sadar-i-Riyasat shall hold office during the pleasure of the
President.

 (2) The Sadar-i-Riyasat may, be writing under his hand addressed to the
President, resign his office.

(3) Subject to the foregoing provision of this section, the Sadar-i-Riyasat
shall hold office for a term of five years from the date on which he enters
upon his office:

Provided that he shall notwithstanding the expiration of his term, continue
to hold office until his successor enters upon his offlee.

29. A person who holds or has held office as Sadar-i-Riyasat shall, subject
to the other provisions of this Constitution, be eligible for reselection to
that office.

30. (1) The Sadar-i-Riyasat shall not be a member of either House of
Legislature and if a member of either House be elected and recognised as
Sadar-i-Riyasat, he shall be deemed to have vacated his seat in the House on
the date on which he enters upon his office as Sadar-I-Riyasat.

(2) The Sadar-i-Riyasat shall not hold any other office of profit.

(3) The Sadar-i-Riyasat shall be entitled to such emoluments, allowances and
privileges as are specified in the second schedule.

(4) The emoluments and allowances of the Sadar-i-Riyasat shall not be
diminished during his term of office.

31. The Sadar-i-Riyasat and every person acting as Sadar-i-Riyasat shall,
before entering upon his office, make and subscribe in the presence of the
Chief Justice of the High Court, or in his absence, the senior-most judge of
the High Court available, in an oath or affirmation in the following form
that is to sayed "I, A. B., do swear in the name of God that I will
faithfully discharge the functions of the Sadar-I-Riyasat of Jammu and
Kashmir and will to the best of my ability preserve, protect and defend the
Constitution and the law and that I will devote myself to the service and
well being of the people of State."

32. The Sadar-i-Riyasat may be removed from his office by the President if
an address by the Legis-lative Assembly supported by a majority of not less
than two-thirds of its total membership is presented to the president
praying for such removal on the ground of violation of the Constitution.

33. When a vacancy occurs in the office of the Sadar-i-Riyasat by reason of
his death, resignation or removal or when the Sadar-i-Riyasat is unable to
discharge his functions owing to absence, illness or or any other cause, the
functions of the office shall, until the assumption of office by a newly
elected Sadar-i-Riyasat or the resumption of duties by the Sadar-i-Riyasat,
as the case may be, dis-charged by such person as the President may on the
recommendation of the Council of Ministers of the State, recognise as the
acting Sadar-i-Riyasat.

34. The Sadar-i-Riyasat shall have the power to grant pardons, reprieves,
respites or remissions of punish-ment or to suspend, remit or commute the
sentence of any person convicted of any offense against any law relating to
a matter to which the executive power of the State extends.

*THE COUNCIL OF MINISTERS*

35. (1) There shall be a council of Ministers with the Prime Minister at the
head to aid and advise the Sadar-i-Riyasat in the exercise of his functions.

All functions of the Sadar-i-Riyasat except those under sections 36, 38 and
92 shall be exercised by him only on the advice of the Council of Ministers.

(3) The question whether any, and if so what, advice was tendered by
Ministers to the Sadar-i-Riyasat shall not be inquired into in any court.

36. The Prime Minister shall be appointed by the Sadar-i-Riyasat and the
other Ministers shall be appointed by the Sadar-i-Riyasat on the advice of
The Prime Minister.

37. (1) The Council of Ministers shall be collectively responsible to the
Legislative Assembly.

(2) A Minister who for any period of six conse-cutive months is not a member
of either House of Legislature shall upon the expiry of that period cease to
be a Minister.

38. The Sadar-i-Riyasat may on the advice of the Prime Minister appoint from
amongst the members of either House of Legislature such number of Deputy
Ministers as may be necessary.

39. The Ministers and the [Deputy Ministers shall hold office during the
pleasure of the Sadar-i--Riyasat.

40. Before a Minister or a Deputy Minister enters upon lids office, the
Sadar-i-Riyasat or, in his absence, any person authorised by him, shall
administer to the Minister or the Deputy Minister to oaths of office and of
secrecy according to the form set out for the purpose in the Fifth Schedule.

41. The salaries and allowances of Ministers and Deputy Ministers shall be
such as the Legislature relay from time to time by law determine and, until
so determined, shall be such as are payable respectively to the Ministers
and the Deputy Ministers under the Jammu and Kashmir Minister s Salaries
Act, 1956 (Act VI of 1956) the Jammu and Kashmir Minister's Travelling
Allowances Rules for the time being in force, and the Jaminu and Kashmir
Deputy Ministers Salaries and Allowances Act. S. 2010 (Act VIII of S.2010)

*THE ADVOCATE GENERAL*

42. (1) The Sadar-i-Riyasat shall appoint a person who is qualified to be
appointed a Judge of the High Court, to be Advocate General for the State.

(2) It shall be the duty of the Advocate General to give advice to the
Government upon such legal matters and to perform such other duties of a
legal character, as may from time to time be referred or assigned to him by
the Govern-ment, and to discharge the functions conferred on him by or under
this Constitution or any other law for the time being in force.

(3) In the performance of his duties, the Advocate General shall have the
right of audience in all courts in the State.

(4) The Advocate General shall hold office during the pleasure of the
Sadar-i-Riyasat and receive such remuneration as the Sadar-i-Riyasat may
determine.

*CONDUCT OF GOVERNMENT BUSINESS*

43. The Sadar-i-Riyasat shall make rules for the more
convenient transaction of the business of the
Government of the State and for the allocation
among Ministers of the said business.

44. It shall be the duty of the Prime Minister

(a) to communicate to the Sadar-i-Riyasat all decisions of the council of
Ministers relating to the administration of the affairs of the State and
proposals for legislation;

(b) to furnish such information relating to the administration of the
affairs of the State and proposals for legislation as the Sadar-i-Riyasat
may call for; and

(c) if the Sadar-i-Riyasat so rqeuires to submit for the consideration of
the Council of Ministers any matter on which a decision has been taken by a
Minister but which has not been considered by the Council.

45. (1) All executive action of the Government shall be expressed to be
taken in the name of the Sadar-i-Riyasat of the Jammu and Kashmir.

(2) Orders and other instruments made and executed in the name of the
Sadar-i-Riyasat or of the Government of Jammu and Kashmir shall be
authenticated in such manner as may be specified in the rules to be made be
the Sadar-i-Riyasat, and the validity of an order or instrument which is so
authenticated shall not be called in question on the ground that it is not
an order or instrument made or executed by the Sadar-i-Riyasat or as the
case may be, by the Government of Jammu and Kashmir.**

*PART VI*
*THE STATE LEGISLATIVE***

*COMPOSITION OF THE STATE LEGISLATURE*

46. There shall be Legislature for the State which shall consist of the
Sadar-i-Riyasat and two Houses be known respectively as the Legislative
Assembly and the Legislative Council.

47. (1) The Legislative Assembly shall consist of one hundred members chosen
by direct election from territorial constituencies in the State;
Provided that the Sadar-i-Riyasat may, if he is of opinion that women are
not adequately represented in the Assembly nominate not more than two women
to be members thereof.

(2) For the purposes of sub-section (I), the State shall be divided into
territorial constituencies in such a manner that the ratio between the
population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the State. Explanation:
In this sub-section, the express-ion "Population' means the population as
ascertained at the last preceding census of which the relevant figures have
been published.

(3) Upon the completion of each census, the number, extent and boundaries of
the territor-ial constituencies shall be readjusted by such authority and in
such manner as the Legislature may be law determine:
Provided that such readjustment shall not affect representation in the
Legislative Assemb until the disolution of the then exist-ing Assembly.

48. Notwithstanding anything contained in section 47, until the area of the
State under the occuptions of Pakistan ceases to so occupied and the people
residing in that area elect their representatives

(a) twenty-five seats in the Legislative Assembly shall remain vacant and
shall not be taken into account for reckoning the total member-ship of the
Assembly; and the said area shall be excluded in delimiting the territorial
Constituencies Under Section 47.

49. (I) There shall be reserved in the Lagislative Assembly for the
Scheduled Castes in the State a number of seats which shall bear, as nearly
as may be, the same proportion to the total number of seats in the Assembly
as the popu-lation of the Scheduled Castes bears to the population of the
State.

Explanation: In this sub-section:

(a) "population" has the same meaning as in sub-section (2) of section 47;
and
(b) "Scheduled Castes" means the caste, races or tribes or part of, or
groups within castes, races or tribes which are for the purposes of the
Constitution of India deemed to be Scheduled Casts in relation to the State
under the pro-visions of article 341 of that Constitution.

(2) The provisions of sub-section (1) shall cease to have effect on the
expiration of a period of five years from the commencement of this
Constitution:

Provided that such cesser shall not affect any representation in the
Legislative Assembly until the dissolution of the then existing Assembly:

50. (1) The Legislative Council shall consist of thirty six members, chosen
in the manner provided in this section.

(2) Eleven members shall be elected by the men hers of the Legislative
Assembly from amongst persons who are residents of the Province of Kashmir
and are not members of the Legislative Assembly.

(3) Eleven members shall be elected by the mem-bers of the Legislative
Assembly from amongst persons who are residents of the Province of Jammu and
are not members of the Legislative Assembly.
Provided that of the members so elected, at least one shall be a resident of
Doda District and at least one shall be a resident of Poonch District.

(4) One member shall be elected by each of the following electorates, namely

(a) the members of municipal council, town area committees and notified area
com-mittees in the Province of Kashmir;

(b) the members of municipal council, town area committees, and notified
area committees in the Province of Jammu;

(c) permanent residents who have been for at least three years engaged in
teaching in educational institutions recognised by the Government in the
Province of Kashmir; and

(d) permanent residents who have been for at least three years engaged in
teaching in educational institutions recognised by the Government in the
Province of Jammu.

(5) Two members shall be elected by each of the following electorates,
namely:

(a) the members of the Panchayats and such other local bodies in the
Province of Kashmir as the Sadar-i-Riyasat may by order specify; and

(b) the members of the Panchayats and such other local bodies in the
Province of Jammu as the Sadar-i-Riyasat may by order specify.

(6) Six members shall be nominated by the Sadar-i-Riyasat, not more than
three of whom shall be person belonging to any of the socially or
economically backward classes in the State, and the others shall be persons
having special knowledge or practical experi-ence in respect of matters such
as literature, science, art, co-operative movement and social service.

(7) Elections under sub-section (2) and (3) shall be held in accordance with
the system of pro-portional representation by means of the single
transferable vote.

*GENERAL PROVISIONS*

51. A person shall not be qualified to be chosen to fill a seat in the
Legislature unless he:

(a) is a permanent resident of the State;

(b) is, in the case of a seat in the Legislative Assembly, not less than
twenty-five years of age, and in the case of a seat in the Legisla-tive
Council, not less than thirty years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf
by or under any law made by Legislature.

52. (1) The Legislative Assembly, unless sooner dis-solved, shall continue
for five years from the date appointed for its first meeting and not longer,
and the expiration of the said period of five years shall operate as a
dissolution of the Assembly;
Provided that the said period may, while a Proclamation of Emergency issued
under arti-cle 352 of the Constitution of India is in operation, be extended
by the State Legislature by law for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after the
Proclamation has ceased to operate.

(2) The Legislative Council shall not be subject to dissolution but as
nearly as possible one-third of the members thereof shall retire, as soon as
may be, on the expiration of every second year in accordance with the
provisions made in that behalf by Legislature by law.

53. (1) The Sadar-i-Riyasat shall from time to time summon each House of the
Legislature to meet at such time and place as he thinks fit, but six months
shall not intervene between its last sitting in one session and the date
appointed for its first sitting in the next session.

(2) The Sadar-i-Riyasat may from time to time...

(a) prorogue the House or either house (b) dissolve the Legislative
Assembly.

54. (1) The Sadar-i-Riyasat may address either House of Legislature, or both
Houses assembled together, and may for that purpose require the attendance
of members.

(2) The Sadar-i-Riyasat may send messages to either House, whether with
respect to a Bill then bending in the Legislature, or otherwise and a House
to which any message is so sent shall with all convenient dispatch consider
any matter required by the message to be taken into consideration.

55. (1) At the commencement of the first session after each general election
to the Legislative Assembly and at the commencement of the first session of
each year, the Sadar-i-Riyasat shall address both Houses of Legislature
assembled together and inform the Legislature of the cause of its summons.

(2) Provision shall be made by the rules regulating the procedure of either
House for the allot-ment of time for discussion of the matters reffered to
in such address.

56. Every Minister and the Advocate General shall have the right to speak
in, and otherwise to take part in the proceedings, of both Houses and to
speak in, and otherwise to to take part in the proceedings of, any
Committee-of the Legislature of which he may be named a member, but shall
not, by virtue of this section, be entitled to vote.

*OFFICERS OF THE STATE LEGISLATURE*

57. The Legislative Assembly shall, as soon as may be, choose two members of
the Assembly to be res-pectively Speaker and Deputy Speaker thereof and, so
often at office of Speaker or Deputy Speaker becomes vacant, the Assembly
shall choose another member to be Speaker, or Deputy Speaker, as the case
may be.

58. A member holding office as Speaker or Deputy Speaker of the Legislative
Assembly:

(a) shall vacate his office if he ceases to be a member of the Assembly;

(b) may at any time by writing under his hand addressed, if such member is
the Speaker, to the Deputy Speaker, and if such member is the Deputy
Speaker, to the Speaker, resign his office; and

(c) may be removed from his office by a resolu-tion of the Assembly passed
by a majority of all the then members of the Assembly;

Provided that no resolution for the purpose of clause (c) shall be moved
unless at least fourteen days notice has been given of the intention to move
the resolution.

Provided further that, whenever the Assembly is dissolved, the Speaker that
not vacate his office until immediately before the first meeting of the
Assembly after the dissolution.

59. (1) While the office of Speaker is vacant the duties of the office shall
be performed by the Deputy Speaker or, if the office of the Deputy Speaker
is also vacant, by such member of the Assembly as the Sadar-i-Riyasat may
appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly the
Deputy speaker or, if he is also absent, such person as may be determined by
the rules of procedure of the Assembly, or, if no such person is present,
such other person as may be determined by the Assembly, shall act as
Speaker.

60. (1) At any sitting of the Legislative Assembly, while any resolution for
the removal of the Speaker from his office is under consideration, the
Speaker, or while any resolution for the removal of the Deputy Speaker from
his office is under consideration, the Deputy Speaker shall not, though he
is present, preside and the provisions of sub-section (2) of section 59
shall apply inrelation to every such sitting as they apply in relation to a
sitting from which the Speaker or, as the case may be, the Deputy Speaker is
absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part
in the proceedings of the Legislative Assembly while any resolu-tion for his
removal from office is under con-sideration in the Assembly and shall,
notwith-standing anything in section 67, be entitled to vote only in the
first instance on such resolu-tion or on any other matter during such
pro-ceedings but not in the case of an equality of votes.

61. (1) The Legislative Council shall, as soon as may be, choose two members
of the Council to be respectively Chairman and Deputy Chairman thereof and,
so often as the office of the Chairman or Deputy Chairman becomes vacant,
the Council shall choose another member to be Chairman or Deputy Chairman,
as the case may be.

 (2) The provisions of sections 58,59 and 60 shall apply in relation to the
Chairman and Deputy Chairman of the Legislative Council with the
substitution of the words "Chairman" and "Council" for the words "Speaker"
and "Assembly" respectively wherever they occur in those provisions, and
with the omission of the further proviso to section 58.

62. There shall be pay to the speaker and the  the Deputy Speaker of the
Legislative Assembly and to the Chairman and the Deputy Chairman of the
Legislative Council, such salaries and allowances as may be respectively
fixed by Legislature by law and, until provi-sion in that behalf is so made,
such salaries and allowances as are specified in the Third Schedule.

63. (1) Each House of the Legislature shall have a separate secretarial
Staff:

Provided that nothing in this sub-section shall be construed as preventing
the creation of posts common to both Houses.

(2) The Legislature may by law regulate the re-cruitment, and the conditions
of service of persons appointed, to the secretarial staff of each House.

(3) Until provision is made by the Legislature under sub-section (2), the
Sadar-i-Riyasat may, after consultation with the Speaker of the Legislative
Assembly or the Chairman of the Legislative Council, as the case may be,
make rules regulating the recruitment, and the con-ditions of service of
persons appointed, to the secretarial staff of the Assembly or the Council,
and any rules so made shall have effect subject to the provisions of any law
made under the said sub-section.

*CONDUCT OF BUSINESS*

64. Every member of the Legislative Assembly or the Legislative Council
shall before taking his seat, make and sub-scribe before the Sadar-i-Riyasat
or some person appointed in that behalf by him an oath or affirmation
according to the form set out for the purpose in the Fifth Schedule.

65. Save as otherwise provided by the rules of proce-dure of the House, the
quorum to constitute a meeting of the Legislative Assembly and of the
Legislative Council shall be twenty and ten re-spectively.

66. A House of the Legislature shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the Legislature
shall be valid notwithstanding that it is discovered subsequently that some
person who was not entitl-ed so to do sat or voted or otherwise took part in
the proceedings.

67. (1) Save as otherwise provided in this Constitu-tion, all questions at
any sitting of a House of the Legislature shall be determined by a majority
of votes of the members present and voting, other than the Speaker or
Chairman, or person acting as such.

(2) The Speaker or Chairman, or person acting as such, shall not vote in the
first instance, but shall have and exercise a casting vote in the case of an
equality of votes.

*DISQUALIFICATIONS OF MEMBERS***

68. (1) No person shall be a member of both Houses of the Legislature and
provision shall be made by Legislature by law for the vacation by a person
who is chooser a member of both Houses of his seat in one House or the
other.

(2) If a member of a House of the Legislature resigns his seat by writing
under his hand addressed to tile Speaker or the Chairman, as the case may
be, his s at shall thereupon become vacant.

(3) If for a period of sixty days a member of a House of the Legislature is
without permission of the House absent from all meetings thereof, the House
may declare his seat vacant:

Provided that in computing the said period of sixty days no account shall be
taken of:

(a) such absence caused by reason beyond his control; or

(b) any period during which the House is prorogued or is adjourned for more
than four consecutive days.

69. (1) A person shall be disqualified for being chosen and for being a
member of the Legislative Assembly or Legislative Council:

 (a) if he holds any office of profit under the Government of India or the
State Govern-ment within the Union of India, other than an office declared
by Legislature by law not to dis-qualify its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a permanent resident of the State or has voluntarily
acquired the citizenship of a foreign State, or is under any acknowledgement
of allegiance to adherence to a foreign State;

(e) if he is so disqualified by or under any law made by the Legislature.

(2) For the purposes of this section, a person shall not be deemed to hold
an office of profit under the Government of India, the State Government or
any other State Government vithin the Union of India, by reason only that he
is a Minister, or a Deputy Minister.

70. (1) If it is represented to the Speaker or the  Chairman that a member
of the Legislative Assembly or, as the case may be, of the Legis-lative
Council is disqualified for being such a member under the provisions of
section 69, or
was so disqualified at any time since being chosen as a member and the
member does not admit that he is or was so disqualified, the question shall
be referred to the High Court decision and its decision shall be final:

Provided that w here the disqualification in question arises from
circumstances which subsisted at the time of his being chosen as such
member, no such representation as aforesaid shall be entertained:

(a) unless it is made after the expiration of the period by law for
presenting an elec-tion petition calling in question the election of the
member; and

(b) if such an election petition is pending or has been tried, unless the
Speaker or Chairman as the case may be is satisfied that the question of the
members' disquali-fication by reason of those circumstances has not been
raised or, as the case may be, was not raised, in the proceedings on the
election petition.

(2) Where on a representation made under sub-section (I) the member admits
that he is or w. s disqualified under the provisions of section 69, or where
on a reference made under that sub-section the High Court decides that the
member is or was so disqualified, his seat shall thereupon become vacant.

71. If a person sits or votes as a member of the Legislative Assembly or the
Legislative Council before he has complied with the requirements of section
54 or when he knows that he is not quali-fied or that he is disqualified for
membership thereof or that he is prohibited from so doing by the provisions
of any law made by the Legislature, he shall be liable in respect of each
day on which he so sits or votes to a penalty of one hundred rupees to be
recovered as a debt due to the State.

*POWERS, PRIVILEGES AND IMMUNITIES OF THE STATE LEGISLATURE AND ITS MEMBERS*

72. (1) Subject to the provisions of this Constitution and to the rules and
standing orders regulating the procedure of the Legislature, there shall be
freedom of speech in the Legislature.

(2) No member of the Legislature shall be liable to any proceedings in any
court in respect of anything said or any vote given by him in the
Legislature or any committee thereof and no person shall be so liable in
respect of the publication by or under the authority of a House of the
Legislature of any report, paper, votes, or proceedings.

(3) In other respects, the powers, privileges and immunities of a House of
the Legislature and- of the members and the committees of a House of the
Legislature shall be such as may from time to time be defined by Legislature
by law, and until so defined shall be those of the Parliament of India and
of its members and committees.

(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation
to persons who by virtue of this Constitution have the right t o speak, in
and otherwise to take part in the proceedings of, a House of the Legislature
or any committee thereof as they apply in relation to members of that
Legislature.

73. Members of the Legislative Assembly and the Legislative Council shall be
entitled to receive such salaries and allowances as may from time to time be
determined by Legislature by law and, until provision in that respect is so
made, salaries and allowances at such rates and upon such conditions as were
immediately before the commencement of this Constitution applicable in the
case of members of the Constituent Assembly.

*LEGISLATIVE PROCEDURE*

74. (1) Subject to the provisions of sections 76 and 84 with respect to
Money Bills and other Finan-cial Bills, a Bill may originate in either House
of the Legislature.

(2) Subject to the provisions of sections 75 and 76 a Bill shall not be
deemed to have been passed by the Legislature unless it has been agreed to
by both Houses, either without amendment or with such amendments only as are
agreed to by both Houses.

(3) A Bill pending in the Legislature shall not lapse by reason of the
prorogation of the House or House thereof.

(4) A Bill pending in the Legislative Council which has not been passed by
the Legislative Assembly shall not lapse on a dissolution of the Assembly.

(5) A Bill which is pending in the Legislative Assembly or which having been
passed by the Legislative Assembly, is pending in the Legi-slative Council,
shall lapse on a dissolution of the Assembly

75. (1) If after a Bill has been passed by the Legisla-tive Assembly and
transmitted to the Legisla-tive Council:

(a) the Bill is rejected by the Council; or

(b) more than three months elapse from the date on which the Bill is laid
before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree; the Legisl-ative Assembly may, subject
to the rules regulating its procedure, pass the Bill again in the same or in
any subse-quent session with or without such amendments, if any, as have
been made suggested or agreed to by the Legislative Council and then
transmit the Bill as so passed to the Legislative Council.

(2) If after a Bill has been so palmed for the se-cond time by the
legislative Assembly and transmitted to the Legislative Council:

(a) the Bill is rejected by the Council; or

(b) more shall one month elapses from the date on which the Bill is laid
before the Council without the Bill being passed by it; or

(c) the Bill is passed by the Council with amendments to which the
Legislative Assembly does not agree;

the Bill shall be deemed to have been passed by the Houses of the
Legislature in the form in which it passed by the Legislative Assembly for
the second time with such amendments, if any, as have been made or suggested
by the Legislative Council and agreed to by the Legislative Assembly.

(3) Nothing in this section shall apply to a Money Bill.

76. (1) A Money Bill shall not be introduced in the Legislative Council.

(2) After a Money Bill has been passed by the Legislative Assembly, it shall
be transmitted to the Legislative Council for its recommenda-tions and the
Legislative Council shall within a period of fourteen days from the date of
its receipt of the Bill return the Bill to the Legis-lative Assembly with
its recommendations, and the Legislative Assemble may there upon either
accept or reject all or any of the recom-mendations of the Legislative
Council.

(3) If the Legislative Assembly accepts any of the recommendations of the
Legislative Council, the Money Bil] shall deemed to have been passed by both
Houses with the amend-ments recommended by the Legislative Coun-cil and
accepted by the Legislative Assembly.

(4) If the Legislative Assembly does not accept any of the recommendations
of the Legislative Council, the Money Bill shall be deemed to have been
passed by both Houses in the form which it was passed by the Legislative
Assembly without any of the amendments recommended by the Legislative
Council.

5. If a Money Bill passed by the Legislative Assembly and transmitted to the
Legislative Council for its recommendations is not returned to the
Legislative Assembly within the said period of fourteen days, it shall be
deemed to have been passed by both Houses at the expiration of the said
period in the form in which it was passed by the Legislative Assembly.

77. (1) For the purposes of the part, a Bill shall be deemed to be a Money
Bill if it contains only provisions dealing with all or any of the following
matters namely:

(a) the imposition, abolition, remission, alteration or regulation of any
tax;

(b) the regulation of the borrowing of money or the giving of any guarantee
by the State, or the amendment of the law with respect to any financial
obligations under-taken or to be undertaken by the State;

(c) the custody of the Consolidated Fund or the Contingency Fund of the
State, the payment of money into or the with-drawal of moneys from any such
Fund:

(d) the appropriation of moneys out of the Consolidated Fund of the State;

(e) the declaring of any expenditure to be expenditure charges on the
consolidated Fund of the State, or the increasing of the amount of any such
expenditure;

(f) the receipt of money on account of the Consolidated Fund of the State or
the public account of the State or the custody or issue of such money; or
any matter incidental to any of the matters specified in clauses (a) to (f).

(2) A Bill shall not be deemed to be a Money Bill by reason only that it
provides for the imposition of fines or other pecuniary penalties or for the
demand or payment of fees for lice-nces or fees for services rendered, or by
reason that it provides for the imposition, abolition, remission, alteration
or regulation of any tax by any local authority or body for local purposes.

(3) If any question arises whether a Bill introduced in the Legislature is a
Money Bill or not, the decision of the Speaker of the Legislative Assembly
thereon shall be final.

(4) There shall be endorsed an every Money Bill when it is transmitted to
the Legislative Council under section 76 and when it is pre-sented to the
Sadar-i-Riyasat for assent under section 78, the certificate of the Speaker
of the Legislative Assembly signed by him that it is a Money Bill.

78. When a Bill has been passed by both Houses of the Legislature, it shall
be presented to the Sadar--i-Riyasat and the Sadar-i-Riyasat shall declare
either that he assents to the Bill or that he with-holds assent therefrom.
Provided that the Sadar-i-Riyasat may, as soon as possible after the
presentation to him of the Bill for assent, return the Bill if it is not a
Money Bill together with a message requesting that the Houses will
reconsider the Bill or any specified provisions thereof and, in particular,
will consider the desira-bility of introducing any such amendments as he may
recommend in his message and, when a Bill is so returned, the Houses shall
reconsider the Bill accordingly, and if the Bill is passed again by the
Houses with or without amendment and presented to the Sadar-i-Riyasat for
assent, the Sadar-i-Riyasat shall not withhold assent therefrom.

*PROCEDURE IN FINANCIAL MATTERS*

79. (1) The Sadar-i-Riyasat shall in respect of every financial year cause
to be laid before both Houses of the Legislature a statement of the
estimated receipts and expenditure of the State for that year, in this part
referred to as the "annual financial statement." (2) The estimates of
expenditure embodied in the annual financial statement shall show separately

(a) the sums required to meet expenditure described by this constitution as
expendi-ture charged upon the Consolidated Fund of the State; and

(b) the sums required to meet other expendi-ture proposed to be made from
the con-solidated Fund of the State; and shall distinguish expenditure on
revenue account from other expenditure.

(3) The following expenditure shall be expenditure charged on the
consolidated fund of the State:

(a) the emoluments and allowances of the Sadar-i-Riyasat and other
expenditure relating to his office;

(b) the salaries and allowances of the Speaker and the Deputy Speaker of the
Legislative Assembly and of the Chairman and the Deputy Chairman of the
Legislative Council;

(c) debt charges for which the State is liable including interest, sinking
fund charges and redemption charges. and other expenditure relating to the
raising of loans and the service and redemption of debt;

(d) expenditure in respect of the salaries and allowances of the Judges of
the High Court;

(e) any sums required to satisfy any judge-ment decree or award of any Court
or arbitral tribunal;

(f) any other expenditure declared by this Constitution, or by Legislature
by law, to be so charged.

80. (1,) So much of the estimates as relates to expen-diture changed upon
the Consolidated Fund of the State shall not be submitted to the vote of the
Legislative Assembly, but nothing in this sub-section shall be construed as
preven-ting the discussion in the Legislature of any those estimates.

(2) So much of the said estimates as relates to other expenditure shall be
submitted in the form of demands for grants to the Legislative Assembly, and
the Legislative Assembly shall have power to assent, or to refuse to assent,
to any demand, or to assent to any demand subject to a reduction of the
amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the
Sadar-i--Riyasat.

(1) As soon as may be after the grants under section 80 have been made by
the Assembly, there shall be introduced a Bill to provide for the
appropriation out of the Consolidated fund of the State of all moneys
required to meet:

(a) the grants so made by the Assembly; and (b) the expenditure charged on
the Consoli-dated Fund of the State but not exceed-ing in any case the
amount shown in the statement previously laid before the Houses.

(23 No amendment shall be proposed to any such Bill in either House of the
Legislature which will have the effect of varying the amount or altering the
destination of any grant to made or of varying the amount of any expenditure
charged on the Consolidated Fund of the State, and the decision of the
person presiding as to whether an amendment is inadmissible under the
sub-section shall be final.

(3) Subject to the provisions of sections 89 and 83, no money shall be
withdrawn from the Consolidated Fund of the State except under appropriation
made by law passed in accor-dance with the provisions of this section

12. (1) The Sadar-i-Riyasat shall:

(a) if the amount authorised by any law made in accordance with provisions
of section 81 to be expended for a particular service for the current
financial year is found to be insufficient for the purposes of that year or
when a need has arisen during the current financial year for supplemen-tary
or additional expenditure upon some new service not contemplated in the
annual financial statement for that year; or

(b) if any money has been spent on any ser-vice during a financial year in
excess of the amount granted for the service and for that year, cause to be
laid before the Houses of the Legislature another statement showing the
estimated amount of that expenditure or cause to be presented to the
Legis-lative Assembly a demand for such excess, as the case may be.

(2) The provisions of sections 79, 80 and 81 shall have effect in relation
to any such statement and expenditure or demand and also to any law to be
made authorising the appropriation of moneys out of the Consolidated Fund of
the State to meet such expenditure or the grant in respect of such demand as
they have effect in relation to the annual financial state-ment and the
expenditure mentioned therein or to a demand for grant and the law to be
'made for the authorization of appropriation of moneys out of the
Consolidated Fund of the state to meet such expenditure or grant.

83. (1) Notwithstanding anything in the foregoing provisions of this Part,
the Legislative Assem-bly shall have power:

(a) to make any grant in advance in respect of the estimated expenditure for
a part of any financial year pending the completion of the procedure
prescribed in section 80 for the voting of such grant and the pas-sing of
the law in accordance with the provisions of section 81 in relation to that
expenditure;

(b) to make a grant for meeting an unexpec-ted demand upon the resources of
the State when on account of the magnitude or the indefinite character of
the services the demand cannot be stated with the details ordinarily given
in an annual financial statement;

(c) to make an exceptional grant which forms no part of the current service
of any financial year;
and the Legislature shall have power to authorise by law the withdrawal of
moneys from the Consolidated Fund of the State for the purposes for which
the said grants are made.

(2) The provisions of sections 80 and 81 shall have effect in relation to
the making of any grant under sub-section (1) and to law to be made under
that sub-section as they have effect in relation to the making of a grant
with regard to any expenditure mentioned h1 the annual financial statement
and the law to be made for the authorization of appropriation of moneys out
of the Consolidated Fund of the State to meet such expenditure.

84. (1) A bill or amendment making provision for any of the matters
specified in clauses (a) to (f) of sub-section (1) of section 77 shall not
be introduced or moved except on the recom-mendation of the Sadar-i-Riyasat,
and a Bill making such provision shall not be introdu-ced in the Legislative
Council:

Provided that no recommendation shall be required under this sub-section for
the moving of an amendment making provision for the reduction or abolition
of any tax.

(2) A Bill or amendment shall not be deemed to make provision for any of the
matters afore-said by reason only that it provides for the. imposition of
fines or other pecuniary penal-ties, or for the demand or payment of fees
for licences or fees for services rendered, or by reason that it provides
for the imposition, abolition, remission, alteration or regulation of any
tax by any local authority or body for local purposes.

(3) A Bill which, if enacted and brought into operation. would involve
expenditure from the Consolidated Fund of the State shall not be passed by a
House of the Legislature unless the Sadar-i-Riyasat has recommended to that
House the consideration of the Bill.

*PROCEDURE GENERALLY*

85. (1) A House of the Legislature may make rules for regulating, subject to
the provisions of this Constitution, its procedure and the con-duct of its
business.

(2) Until rules are made under sub-section (1), the rules of procedure and
standing orders in force immediately before the commencement of this
Constituent Assembly while discharging the functions of the Legislative
Assembly shall have effect in relation to each House of the Legislature
subject to such modifications and adaptations as may be made therein by the
Speaker of the Legislative Assembly or the Chairman of the Legislative
Council, as the case may be.

(3) The Sadar-i-Riyasat, after consultation with the Speaker of the
Legislative Assembly and the Chairman of the Legislative Council, may make-
rules as to the procedure with respect to communications between the two
Houses.

86. The Legislature may, for the purpose of the timely completion of
financial business, regulate by law the procedure of, and the conduct of
business in. the House of the Legislature in relation to any financial
matter or to any Bill for the appropria-tion of moneys out of the
Consolidated Fund of the State, and, if and so far as any provision of any
law so made is inconsistent with any rule made by either House of the
Legislature under sub-section (I) of section 85 or with any rule of standing
order having effect in relation to either House of the Legislature under
sub-section (2) of that section such provisions shall prevail.

87. Business in the Legislature shall be transacted in Urdu or in English.

(1) Provided that the Speaker of the Legislative Assembly or the Chairman of
the Legislative Council or person acting as such, as the case may be, may
permit any member to address the House in Hindi, or if he cannot adequa-tely
express himself in any of the aforesaid languages, to address the House in
his mother-tongue.

(2) The official records of the proceedings in the Legislature shall be kept
in Urdu as well as in English.

(3) The text of all Bills and amendments there of moved in and of all Acts
passed by the Legis-lature which shall be treated as authoritative, shall be
in English.

88. No discussion shall take place in the Legislature with respect to the
conduct of any Judge of the Supreme Court or of the High Court in the
discharge of his duties.

89. (1) The validity of any proceedings in the Legis-lature shall not be
called in question -on the gro-unds of any alleged irregularity of
procedure.

 (2) No officer or member of the Legislature in  whom powers are vested by
or under this Constitution for regulating procedure or the conduct of
Business, or for maintaining order, in the Legislature shall be subject to
the juris-diction of any court in respect of the exercise by him of those
powers.

90. No Act of the Legislature and no provision in any such Act shall be
invalid by reason only that some recommendation required by this
Constitution was not given, if assent to that Act was given by the
Sadar-i-Riyasat.
Legislative power of the Sadar-i-Riyasat:

91. (1) If at any time, except when both Houses of the Legislature are in
session, the Sadar-i-Riyasat is satisfied that circumstances exist which
render it necessary for him to take immediate action; he may promulgate such
Ordinances as the circums-tances appear to him to require.
Provided that the power of making Ordinance under this Section shall extend
only to those matters with respect to which the Legislature has power to
make laws.

(2) An Ordinance promulgated under this section shall have the same force
and effect as an Act of the Legislature assented to by the Sadar-i-Riyasat,
but every such Ordinance:

(a) shall be laid before both the Houses of the Legislature, and shall cease
to operate at the expiration of six weeks from the re-assembly of the
Legislature, or if be-fore tile expiration of that period a reso-lution
disapproving it is passed by the Legislative Assembly and agreed to by
Legislative Council, upon the resolution being agreed to by the Legislative
Coun-cil, and -

(b) may be withdrawn at any time by the Sadar-i-Riyasat.
Explanation: -  Where the Houses of the Legislature are summoned to
re-assemble on different dates the period of six weeks shall be reckoned
from the latter of those dates for the purposes of this sub-section.

Breakdown of Constitutional Machinery.

92. (1) If at any time the Sadar-i-Riyasat is satisfied that a situation has
arisen in which the Government of the State cannot be carried on in
accordance with the provisions of this Constitution, the Sadar-i-Riyasat may
by Proclamation:

(a) assume to himself all or any of the func-tions of the Government of the
State and all or any of the powers vested in or excercisable by anybody or
authority in the State;

(b) make such incidental and consequential provisions as appear to the
Sadar-i--Riyasat to be necessary or desirable for giving effect to the
objects of the Procla-mation, including provisions for suspen-ding in whole
or in part the operation of any provision of this Constitution rela-ting to
any body or authority in the State:

Provided that nothing in this section shall authorised die Sadar-i-Riyasat
to assume to himself any of the powers vested in or exer-cisable by the High
Court or to suspend in whole or in part the operation of any provi-sion of
this Constitution relating to the High Court.

(2) Any such Proclamation may be revoked or carried by a subsequent
Proclamation.

(3) Any such Proclamation whether varied under sub-section (2) or not,
shall, except where it is a Proclamation revoking a previous Proclama-tion,
cease to operate on the expiration of six months from the date on which it
divas first Issued.

(4) If the Sadar-i-Riyasat by a Proclamation under this section assumes to
himself any of the powers of the legislature to make laws, any law made by
him in the exercise of that power shall, subject to the terms thereof,
continue to have effect until two years have elapsed from the date on which
the Proclamation ceases to have effect, unless sooner repealed or re-enacted
by an Act of the Legislature, and any reference in this Constitution to any
Acts of or laws made by the Legislature shall be construed as including a
reference to such law. No Proclamation under sub-section (1) shall be issued
except with the concurrence of the President of India.

(6) Every Proclamation under this section shall, except where it is a
Proclamation revoking a previous Proclamation, be laid before each house of
the Legisiature as soon as it is convened.

*PART VII*
*THE HIGH COURT*

93. (1) There shall be a High Court for the State, consisting of a Chief
Justice and two or more other judges.

(2) The High Court exercising jurisdiction in relation to the State
Immediately before the commencement of this Constitution shall be the High
Court for the State.

94. The High Court shall be a court of record and shall have all the powers
of such a courts including the power to punish for contempt of itself or of
the courts subordinate to it.

95. Every Judge of the High Court shall be appointed by the President by
Warrant under his hand and seal after consultation with the Chief Justice of
India, the Sadar-i-Riyasat, and in the case of appointment of a Judge other
than the Chief Justice, the Chief Justice of the High Court and shall hold
office until he attains the age of sixty years.

96. A person shall not be qualified for appointment as a Judge of the High
Court unless he is a citizen of India, and:

(a) has for at least ten years held a judicial office in the State or in any
other part of India; or

(b) has for at least ten years been an advocate of the State High Court or
of any other High Court in India or of two or more such courts in
succession.

Explanation: - For the purposes of this Section in omputing the period
during which a person has been an advocate of a High Court. there shall be
included any period during which the person has held judicial office after
he became an advocate.

97. Every person appointed to be a Judge of the High
Court, shall. before he enters upon his office, make an subscribe before the
Sadar-i-Riyasat or some person appointed in that behalf by him, an oath or
affirmation according to the form set out for the purpose in the Fifth
Schedule.

98. (1) There shall be paid to the Judges of the High
Court such salaries as are specified in the Fourth Schedule.

(a) Every Judge shall be entitled to such allowan-ces and to such rights in
respect of leave of absence and pension as may from time to time be
determined by or under law made by the Legislature, and until so determined,
to such allowances and rights as are specified in the Fourth Schedule:

Provided that neither the allowances of a Judge nor his rights in respect of
leave of absence or pension shall be varied to his dis-advantage after his
appointment:

99. (1) A Judge of the High Court may, by writing under his hand addressed
to the President, resign his office.

(2) A Judge of the High Court shall not be removed from his office except by
an order of the President passed after an address by each House of the
Legislature supported by a majority of the total membership of that House
and by a majority of not less than two- thirds of the members of that House
present and voting has been presented to the president
in the same session for such removal on the
ground of proved misbehaviour or incapacity.

(3) The Legislature may by law regulate the  procedure for the presentation
of an address and for the investigation and proof of the misbehaviour or
incapacity of a Judge under sub-section (2).

100. (1) When the office of the Chief Justice is vacant or when the Chief
Justice is by reason of absence or otherwise, unable to perform the duties
of his office, the duties of the office shall be performed by such one of
the other
Judges of the Court as the President may appoint for the purpose.

(2) When any Judge of the High Court other than the Chief Justice is by
reason of absence or for any other reason unable to perform the duties of
his office or is appointed to act temporarily as Chief Justice, the
President may appoint a duly qualified person to act as a Judge of the Court
until the permanent Judge has resumed his duties.

101. (1) The usual places of sitting of the High Court shall be Jammu and
Srinagar.

(2) The Chief Justice shall, with the approval of the Sadar-i-Riyasat
determine the number of Judges who shall sit from time to time at Jammu and
at Srinagar for such period as may be deemed necessary.

(3) Whenever it appears to the Chief Justice that it is desirable that the
High Courts should hold its sitting at a place other than Srinagar and
Jummu, one or more Judges of the High Court as determined by him shall, with
the previous approval of the Sadar-i-Riyasat, sit at such place.

102. Subject to the provisions of this Constitution and to the provisions of
any law for the time being in force, the jurisdiction of and the law
administered in the High Court and the respective powers of the Judges
thereof in relation to the administration of justice in the court, including
any power to make rules of court and to regulate the sittings of the court
and of members thereof, sitting alone or in Division Courts, shall be the
same as immedia-tely before the commencement of this Constitution.

103. The High Court shall have power to issue to any person or authority,
including in appropriate cases any Government within the State, directions,
orders or writs. including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, or any of them. for any purpose
other than those mentioned in clause (2A) of article 32 of the Constitution
of India.

104. (1) The High Court shall have superintendence and control over all
courts for the time being subject to its appellate or revisional
jusrisdic-tion and all such courts shall be subordinate to the High Court.

(I) Without prejudice to the generality of the foregoing provision, the High
court may:

(a) call for returns from such courts,

(b) make and issue general rules and prescribe forms for regulating the
practice and pro-ceedings of such courts; and

(c) Prescribe forms in which books, entries and accounts shall be kept by
the officers of any such court.

(3) The High Court may also settle tables of fees to be allowed to the
sheriff and all clerks and officers of such courts and to attorneys,
advo-cates and pleaders practicing therein:
Provided that any rules made, forms prescrib-ed or tables settled under
sub-section (2) or sub-section(3) shall not be inconsistent with the
provision of any law for the time being in force, and shall require the
previous approval of the Sadar-i-Riyasat.

105. If the High Court is satisfied that a case pending in a court
subordinate to it involves a substantial question of law as to the
interpretation of this Constitution or the Constitution of India the
deter-mination of which is necessary for the disposal of the case, it shall
withdraw the case and may:

(a) either dispose of the case itself; or

(b) determine the said question of law and return the case to the court from
which the case has been so withdrawn together with a copy of its judgement
on such question, and the said court shall on receipt thereof proceed to
dispose of the case in conformity with such judgement.

106. No person who had held office as a Judge of the
High Court after the commencement of this Con-stitution shall plead or act
in any court or before any authority within the State.

107. (1) The High Court shall have and use as occa-sion may require a seal
bearing a device and impression of the State emblem with an exergue or label
surrounding the same with the inscription:

"The seal of the High Court of Jammu and Kashmir''

(2) The seal shall be delivered to. and kept in the custody of, the
Registrar or such other officer of the court as the Chief Justice may
designate in this behalf.

108. (1) Appointments of officers and servants of the High Court shall be
made by the Chief Justice of the court or such other judge or officer of the
court as he may direct:

Provided that the Sadar-i-Riyasat may by rule require that in such cases as
may be specified in the rule no person not already attached to the court
shall be appointed to any office connected with the court save after
consulta-tion with the State Public Service Commis-sion.

(I) Subject to the provisions of any law made by the Legislature, the
conditions of service of the officers and servants of the High Court shall
be such as may be prescribed by rules made by the High Court with the
approval of the Sadar-i-Riyasat.

(3) The administrative expenses of the High Court including all salaries,
allowances and pensions payable to or in respect of the officers and
servants of the Court' shall be charged upon the Consolidated Fund of the
State, and any fees or other moneys taken by the Court shall form part of
that Fund.

*SUBORDINATE COURTS*

109. (1) Appointment of persons to be, and the postings: and promotion off
district judges in the State shall be made by the Sadar-i-Riyasat in
con-sultation with the High Court.
 (2) A person not already in the service of the : State shall only be
eligible to be appointed a  district judge if he has been for not less than
seven years an advocate or pleader and is recommended by the High Court for
appointment.

110. Appointment of persons other than district judges to the judicial
service of the State shall be made by the Sadar-i-Riyasat in accordance with
rules made by him in that behalf after consulation with the Public Service
Commission and with the High Court.

111. The control over district courts and courts sub-ordinate thereto
including the posting and promo-tion of, and the grant of leave to, persons
belong-ing to the judicial service of the State and holding any post
inferior to the post of district judge shall be vested in the High Court,
but nothing in this section shall be construed as taking away from any such
person any right of appeal which he may have under the law regulating the
conditions of his service or as authorising the High Court to deal with him
otherwise than in accordance with the conditions of his service prescribed
under such law.

112. In this part...

(a) the expression "district judge'' includes additional district judge,
assistant district judge, sessions judge, additional sessions judge and
assistant sessions judge:

(b) the expression "judical service" means a service consisting exclusively
of persons inten-ded to fill the post of district judge, and other civil
judicial posts inferior to the post of dis-trict judge.

113. The Sadar-i-Riyasat may be public notification direct that the
foregoing provisions of this part and any rules made thereunder shall with
effect from such date as may be fixed by him in that behalf apply in
relation to any class or classes of magis-trates in the State as they apply
in relation to any persons appointed to the judicial service of the State
Subject to such exceptions and modifications as may be specified in the
notification.

*PART VIII*
*FINANCE, PROPERTY AND CONTRACTS*

114. No tax shall be levied or collected except by authority of law.

 115. (1) Subject to the provisions of section 116, all revenues received by
the Government, all loans raised by the Government by the issue of
treasury bills, loans or ways and means advances and all moneys received by
Government in repayment of loaned shall form one consolidated fund to be
entitled "the Consolidated Fund of the State."
(2) All other public moneys received by or on behalf of the Government shall
be credited to the public account of the State.
(3) No moneys out of the Consolidated Fund of the State shall be
appropriated except in accordance with law and for the purposes and in the
manner provided in this Constitution.

116. The Legislature may by law establish a Contingency Fund in the nature
of an impress to be entitled
"the Contingency Fund of the State" into which shall be paid from time to
time such sums as may be determined by such law, and the said Fund shall be
placed at the disposal of the Sadar-i--Riyasat to enable advances to be made
by him out of such fund for the purposes of meeting unforeseen expenditure
pending authorisation of such expendi-ture by Legislature by law under
section 82 or 83.

117. The State may make any grants for any public purpose, notwithstanding
that the purpose is not one with expect to which the Legislature may make.

118. The custody of the Consolidated Fund of the State and the Contingency
Funds of the State, the payment of moneys into such funds, the withdrawal of
moneys therefrom, the custody of public moneys other than those credited to
such Fund received by or on behalf of the Government, their payment into the
public account of the State and the withdrawal of moneys from such account
and all other matters connected with or ancillary to matters aforesaid shall
be regulated by law made by the Legislature and, until provision in that
behalf is so made, shall be regulated by rules made by the Sadar-i-Riyasat.

119. All moneys received by or deposited with:

(a) any officer employed in connection with the affairs of the State in his
capacity as such, other than revenues or public moneys raised or received by
the Government; or

(b) an, court within the State to the credit of any cause, matter, account
or persons, shall be paid into the public account of the State.

120. Any property within the State which, if this Constitution had not come
up into operation, would have accrued to the Government or any other
authority hi the State by escheat or lapse, or as bona-vacantia for want of
a rightful owner, shall vest in the State.

121. (1) The executive power of the State shall extend, subject to any law
made by the State Legisla-ture, to the carrying on of any trade or
busi-ness, and to the grant, scale, disposition or mortgage of any property
held for the purposes of the State, and to the purchase or acquisi-tion of
property for those purposes and to the making of contracts.

(2) All property acquired for the purposes of the State shall vest in the
State.

122. (1) All contracts made in the exercise of the executive power of the
State shall be expressed to be made by the Sadar-i-Riyasat and all such
contracts and all assurance of property made in the exercise of that power
shall be executed on behalf of the Sadar-i-Riyasat by such persons and in
such manner as he may direct or authorise.

(2) The Sadar-i-Riyasat shall not be personally liable in respect of any
contract or assurance made or executed for the purposes of this
Constitution, or for the purposes any of enact-ment relating to the
Government of the State heretofore in force, nor shall any person making or
executing any such contract or assurance on his behalf be personally liable
in respect thereof.

123. The Government may sue or be sued by the name of the State of Jammu and
Kashmir and may, subject to any provisions which may be made by Act of the
Legislature enacted by virtue of powers conferred by this Constitution, sue
or be sued in relation to its affairs in the like cases as the State might
have sued or been sued if this Constitution had not been enacted.

*PART IX*
*THE PUBLIC SERVICE*

124. Subject to the provisions of this Constitution, the Legislature may by
law regulate the recruitment and conditions of service of persons appointed,
to public services and posts in connection with the affairs of the State:

Provided that it shall be competent for the Sadar--i-Riyasat or such person
as he may direct, to make rules regulating the recruitment and the
conditions of services of persons appointed, to such services and posts
until provisions in that behalf is made by or under an Act of the
Legislature under this section, and any rules so made shall effect subject
to the provisions of any such Act.

125. (1) Except expressly provided by this Constitution, every person who is
a member of a civil service of the State or holds any civil post
under the State hold office during the pleasure of the Sadar-i-Riyasat.
(2) Notwithstanding that a person holding a civil post under the State holds
office during the pleasure of the Sadar-i-Riyasat, any contract under which
a person, not being a member of a civil service of the State, is appointed
to hold such a post man, if the Sadar-i-Riyasat deems it necessary in order
to secure the services of a person having special qualifications, provide
for tile payment to him of compensation, if before the expiration of an
agreed period that post is abolished or he is, for reasons not connected
with any miscon-duct on his part required to vacate that post.

126. (1) No person who is a member of a civil service of tile State or holds
a civil post under the State shall be distressed or removed by an authority
subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in
rank until he has been given a reasonable opportunity of show-ing cause
against the action proposed to be taken in regard to him:

Provided that this sub-section shall not apply:

(a) where a person is dismissed or removed or reduced in rank on the ground
of con-duct which has led to his conviction on a criminal charge;

(b) where an authority empowered to dismiss or remove a person or to reduce
him in rank is satisfied that for some reason, to be recorded by that
authority in writing, it is not reasonably practicable to give to that
person an opportunity of showing cause; or

(c) where the Sadar-i-Riyasat is satisfied that in the interests of the
security of the State it is not expedient to give to that person such an
opportunity.

(3) If any question arises whether it is reasonably
practicable to give to any person an oppor-tunity of showing cause under
sub-section.

(4) The decision thereon of the authority empo-wered to dismiss or remove
such person or to reduce him in rank, as the case may be, shall be final.

127. Until other Provisional is made in this behalf under the constitution,
all the laws in force im-mediately before the commencement of this
Consti-tution and applicable to any public service or any post which
continues to exist after the commence-ment of this Constitution as service
or post under the- State, shall continue in force so far as consistent with
the provisions of this Constitu-tion.

*THE PUBLIC SERVICE COMMISSION*

128. There shall be a Public Service Commission (here-inafter referred to in
this Part as "the Commi-ssion" for the State.

129. (1) The Chairman and other members of the Commission shall be appointed
by the Sadar-i-Riyasat:

Provided that as nearly as may be one-half of the members of the Commission
shall be persons who at the dates of their respective appointments have held
office for at least ten years under the Government.

(2) A member of the Commission shall hold office of a terms of five years
from the date on which he enters upon his office or until he attains the age
of sixty-five years, whichever is earlier:

Provided that:

(a) a member of the Commission may, by writing under his hand addressed to
the Sadar-i-Riyasat, resign his office

(b) a member of the Commission may be removed from his office in the manner
hereinafter provided.

(3) A person who holds office as a member of the Commission shall on the
expiration of his term of office, be ineligible for re-appointment to that
office.

130. (1) Subject to the provisions of sub-section (3), the Chairman or any
other member of the Commission shall only be removed from his office by
order of the Sadar-i-Riyasat on the ground of misbehaviour after the High
Court on reference being made to it by the Sadar-i--Riyasat, has, on inquiry
held in that behalf, reported that the Chairman or such other member, as the
case may be ought on any such ground to be removed.

The Sadar-i-Riyasat may suspend from office the Chairman or any other member
of the Commission in respect of whom a reference has been made to the High
Court under sub-section (l) until the Sadar-i-Riyasat has passed orders on
receipt of the report of the High Court on such reference.

(3) Notwithstanding anything in sub-section (1) the Sadar-i-Riyasat may by
order remove from office the Chairman or any other mem-ber of the Commission
if the Chairman on. such other member, as the case may be -

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment out side the
duties of his office; or

(c) is, in the opinion of the Sadar-i-Riyasat, unfit to continue in office
by reason of infirmity of mind or body.

(4) If the Chairman or any other member of the Commission is or becomes in
anyway concern-ed or interested in any contract or agreement made by or on
behalf of the Government of the State, the Government of India or the
Government of any other State in India or participates in anyway in the
profit thereof or in any benefit or emolument arising therefrom otherwise
than as a member and in common with other members of an incorporated
company, he shall, for the purposes of sub-section (1), be deemed to be
guilty misbehavi-our.

131. The Sadar-i-Riyasat may be regulations:

(a) determine the number of members of the Commission and their conditions
of service; and

(b) make provision with respect to the num-ber of members of the staff of
the Commission and - their conditions of service;

Provided that the conditions of service of a member of the Commission shall
not be varied to his disadvantage after his ap-pointment.

132. On ceasing to hold office the Chairman and the members of the
Commission shall be ineligible for further office under the Government of
the State, but a member other than the Chairman shall be eligible for
appointment as a Chairman of the Commission.

Explanation: - For the purposes of this sec-tion; the office of Minister or
Deputy Minister shall not be deemed to be an office under the Government of
the state.

133. (1) It shall be the duty of the Commissions to conduct examinations for
appointment to the services of the State.

(2) The Commission shall be consulted -

(a) on all matters relating to methods of recruitment to civil services and
for civil posts;

(b) on the principles to be followed in making appointments to civil
services and posts and in making promotions and transfers from one service
to another and on the suitability of candidate for such appointments,
promotions or transfers;

(c) on all disciplinary matters affecting a person serving under the
Government including memorials or petitions relating to such matters;
and it shall be the duty of the Commission to advise on any matter so
referred to them or on any other matter which the Sadar-i--Riyasat may refer
to them:

Provided that the Sadar-i-Riyasat may make regulations specifying the
matters in which either generally, or in any particular class of cases or in
any particular circumstances, it shall not be necessary for the Commission
to be consulted.

(3) Nothing in sub-section (2) shall require the Commission to be consulted
as respects the manner in which a provision may be made by the State for the
reservation of appointment or posts in favour of any class of permanent
residents which in the opinion of the Govern-ment is not adequately
represented in the services under the State.

(4) All regulations made under the proviso to sub-section (2) by the
Sadar-i-Riyasat shall be laid for not less than fourteen days before each
House of the Legislature as soon as possible after they made, and shall be
subject to such modifications, whether by way or repeal or amendment, as the
Legislative Assembly may make during the session in which they are so laid.

134. If the office of the Chairman of the Commission becomes vacant or if
the Chairman is by reason of absence or for any other reason unable to
perform the duties of his office, those duties shall until some person
appointed under sub-section (1) of section 129 to the vacant office has
entered on the duties thereof or, as the case may be until the Chairman has
resumed his duties, be performed by such one of the other members of the
Commission as the Sadar-i-Riyasat may appoint for the purpose.

135. An Act made by the Legislature may provide for the exercise of
additional functions by the Commission as respects the services of the State
and also as respects the services of any local authority or other body
corporate constituted by law or of any public institution.

136. The expenses of the Commission, including any salaries, allowances and
pensions payable to or in respect of the members or the staff of the
Com-mission, shall be charged on the Consolidated Fund of the State.

137. It shall be the duty of the Commission to present annually to the
Sadar-i-Riyasat a report as to the work done by the Commission and the
Sadar-I--Riyasat, on receipt of such report, shall cause a copy thereof
together with a memorandum explai-ning, as respects the cases, if any, where
the advice of the Commission was not accepted, the reasons for such
non-acceptance to be laid before the Legislature.

*PART X*
*ELECTIONS*

138. (1) The superintendence, direction and control of the preparation of
the electoral rolls for, and the conduct of, the elections held under Part
VI shall, be vested in an Election Commissio-ner to be appointed by the
Sadar-i-Riyasat.

(2) The Sadar-i-Riyasat, may, for such period as he may deem necessary
appoint one or more Deputy Election Commissioners to assist the Election
Commissioner in the per-formance of the functions conferred by sub-section
(1).

(3) subject to the provisions of any law made by the Legislature, the
Conditions of service of the Election Commissioner and the Deputy Election
Commissioner shall be such as the Sadar-i-Riyasat may by order specify.

(4) The Sadar-i-Riyasat may make acts viable to the Election Commissioner
such staff as may be necessary for the discharge of the functions conferred
on the Election Commissioner by sub-section (1).

139. There shall be one general electoral roll for every territorial
constituency for election to either House of the Legislature and no person
shall be ineligible for inclusion in any such roll or claim to be inclu-ded
in any special electoral roll for any such consti-tuency on grounds only of
religion, race, caste, sex or any of them.

140. The elections to the Legislative Assembly shall be on the basis of
adult suffrage; that is to say, every person who is a permanent resident of
the State and who is not less than twenty-one years of age on such date as
may be fixed in that behalf by or under any law made by the Legislature and
is not otherwise disqualified under this Constitution or any law made by the
Legislature on the ground of non-residence, unsoundness of mind, crime or
corruptor illegal practice, shall be registered as a voter at any such
election.

Subject to the provisions of this Constitution, the Legislature may from
time to time by law make provision with respect to all matters relating to,
or in connection with elections to either House of the Legislature,
including the preparation of elec-toral rolls, the delimitation of
constituencies, appointment of election tribunals and all other matters
necessary for securing the due constitution of the two Houses.

142. Notwithstanding anything in this Constitution:

(a) the validity of any law relating to the delimita-tion of territorial
constituencies for the pur-pose of electing members of the Legislative
Assembly or the allotment of seats to such constituencies, made or
purporting to be made under section 141, shall not be called in ques-tion in
any court;

(b) no election to either House of the Legislature shall be called in
question except by an elec-tion petition present to such authority and in
such manner as may be provided for by or under any law made by the
Legislature.

*PART XI*
*MISCELLANEOUS PROVISIONS*

143. (1) The Sadar-i-Riyasat shall not be answerable to any court for the
exercise of performance of the powers and duties of his office or for any
act done or purposing to be done by him in the exercise and performance of
those -powers and duties.

Provided that nothing in this subjection-sec-tion shall be construed as
restricting the right of any person to bring appropriate proceed-ings
against the Government.

(2) No criminal proceedings whatsoever shall be instituted or continued
against the Sadar-I--Riyasat in any court during his term of office. No
process for the arrest or imprisonment of the Sadar-i-Riyasat shall issue
from any court during his term of office.

No civil proceedings in which relief is claimed against the Sadar-i-Riyasat
shall be instituted during his term of office in any court in res-pect of
any act done or purporting to be done by him in his personal capacity,
whether be-fore or after he entered upon his office as Sadar-i-Riyasat,
until the expiration of two months next after notice in writing has been
delivered to the Sadar-i-Riyasat or left at his office stating the nature of
the proceedings the cause of action therefor, the name, descri-ption and
place of residence of the party by whom such proceedings are to be
instituted and the relief which he claims.

144. The flag of the State shall be rectangular in shape and red in colour
with three equidistant white vertical stripes of equal with next to the
staff and a white plough in the middle with the handle facing the stripes.

The ratio of the length of the flag to its width shall be 3:2.

145. The official language of the State shall be Urdu, but the English
language shall, unless the Legisla-ture by law otherwise provides continue
to be used for all the official purpose of the State for which it was being
used immediately before the com-mencement of this Constitution.

. The Sadar-i-Riyasat shall, as soon as may be, after the commencement of
the Constitution establish an Academy of Arts, Culture and Language, where
opportunities will be afforded for the development of Art and Culture of the
State and for the development of Hindi, Urdu and other regional languages of
the State specified in the Sixth Schedule.**

*PART XII*
*AMENDMENTS OF THE CONSTITUTION*

147. An amendment of this constitution may be initia-ted only by the
introduction of a Bill for the pur-pose in the Legislative Assembly and when
the Bill is passed in each House by a majority of not less than two-thirds
of the total membership of at the House, it shall be presented to the
Sadar-i-Riyasat for his assent and, upon such assent being given to the
Bill, the Constitution shall stand amended in accordance with the terms of
the Bill:

Provided that a Bill providing for the abolition of the Legislative Council
may be intro-duced in the Legislative Assembly and passed by it majority of
the total membership of the Assembly and by a majority of not less than
two-thirds of the members of the Assembly present and voting:

Provided further that no Bill or amendment seeking to make any change in:

(a) this section;

(b) the provisions of the sections 3 and 5; or

(c) the provisions of the constitution of India as applicable in relation to
the State;

shall be introduced or moved in either house -of the Legislature.