ARTICLE 370 OF CONSTITUTION OF INDIA TEMPORARY PROVISIONS WITH REGARD TO THE STATE OF JAMMU AND KASHMIR.

ARTICLE 370 OF CONSTITUTION OF INDIA

TEMPORARY PROVISIONS WITH REGARD TO THE STATE OF JAMMU AND KASHMIR.

Part XXI of constitution of india deals with temporary, transitional and special provisions.

Article 369.

Temporary power of parliament to make laws with respect to certain matters in the state list as if they were matters in the concurrent list. Notwithstanding anything in this constitution, parliament shall, during a period of five years from the commencement of this constitution, have power to make laws with respect to the following matters as if they were enumerated in the concurrent list, namely

(a)  Trade and commerce within a state in, and the production, supply and distribution of, cotton and woolen textiles, raw cotton ( including ginned cotton and unginned cotton or kapas) cotton seed, paper (including news print) food – stuffs (including edible oil seeds and oil) cattle fodder (including oil cakes and other concentrates) coal (including coke and derivatives of coal) iron, steel and micka;

(b) Offences against law with respect to any of the matters mentioned in clause (a) , jurisdiction and power of all courts except the supreme court with respect to any of those matters, and fees in respect of those matters but not including fees taken in any court,

But any law made by the parliament, which parliament would not but for the provisions of this article have been competent to make, shall to the extent of the incompetency, cease to have effect on the expiration of the said period, except as respects things done or omitted to be done before the expiration thereof.

ARTICLE 370

Temporary provisions with respect to the state of jammu and Kashmir:-   

1)    Notwithstanding anything in this constitution;-

(a)  The provisions of article 238 shall not apply in relation to the state of jammu and Kashmir

(b) The power of parliament to make laws for the said states shall be limited to :-

(i)                Those matters in union list and the concurrent list which, in consultation with the government of the state, are declared by the president to correspondent to matters specified by the instrument of accession governing the accession of the state to the dominion of india as the matter with respect to which dominion legislature may make laws for that state; and

(ii)              Such other matters in the said lists, as with the concurrence of the government of the state, president may by order specify.

Explanation:- For the purpose of this article, the government of the state means the person for the time being recognized by the president as the Maharaja of Jammu and Kashmir acting on the advice of the council of ministers for the time being in office under the Maharaja’s proclamation dated the fifth day of march,1948;

(c) the provisions of the article 1 and of this article shall apply in relation to that state;

(d) such of the other provisions of this constitution shall apply in relation to that state subject to such exceptions and modifications as the president may by order specify:

Provided that no such order which relates to the matters specified in the instrument of accession of the state referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the government of the state:

Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that government.

(2) If the concurrence of the government of the state  referred to in paragraph (ii) of sub clause (b) of clause (1) or in second proviso to sub clause (d) of that clause be given before the constituent assembly for the purpose of framing the constitution of the state is convened, it shall be placed before such assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provisions of this article the president may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify;

Provided that the recommendations of the constituent assembly of the state referred to in clause (2) shall be necessary before the president issues such  a notification.