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

[Aarti Sethi]

Dear Pawan,

Fascinating. But exactly what is this in aid of?

best
Aarti


On Dec 4, 2007 11:42 AM, Pawan Durani <pawan.durani at gmail.com> wrote:

> *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.
> _________________________________________
> reader-list: an open discussion list on media and the city.
> Critiques & Collaborations
> To subscribe: send an email to reader-list-request at sarai.net with
> subscribe in the subject header.
> To unsubscribe: https://mail.sarai.net/mailman/listinfo/reader-list
> List archive: &lt;https://mail.sarai.net/pipermail/reader-list/>