## CONSTITUTION 370

### CONSTITUTION 370 — Temporary provisions with respect to the State of Jammu and Kashmir
- https://unisonlegal.in/statutes/constitution/370

> 1[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 State shall be
limited to-
(i) those matters in the Union List and the Concurrent List which,
in consultation with the Government of the State, are declared by the
President to correspond to matters specified in the Instrument of
Accession governing the accession of the State to the Dominion of
India as the matters with respect to which the Dominion Legislature
may make laws for that State; and

 In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of
article 370 of the Constitution of India, the President, on the recommendation of
Parliament, is pleased to declare that, as from the 6th August, 2019 all clauses of said
article 370 shall cease to be operative except the following which shall read as under,
namely:-
"370. All provisions of this Constitution, as amended from time to time, without
any modifications or exceptions, shall apply to the State of Jammu and Kashmir
notwithstanding anything contrary contained in article 152 or article 308 or any other
article of this Constitution or any other provision of the Constitution of Jammu and
Kashmir or any law, document, judgment, ordinance, order, by-law, rule, regulation,
notification, custom or usage having the force of law in the territory of India, or any
other instrument, treaty or agreement as envisaged under article 363 or otherwise.".
(See Appendix III) (C.O. 273).
1. In exercise of the powers conferred by clause (3) of the Constitution of India, the
President, on the recommendation of the Constituent Assembly of the State of Jammu
and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370
shall be operative with the modification that for the Explanation in cl. (1) thereof, the
following Explanation is substituted, namely:-
"Explanation.-For the purposes of this article, the Government of the State means
the person for the time being recognised by the President on the recommendation of
the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir,
acting on the advice of the Council of Ministers of the State for the time being in
office.".
(C.O. 44, dated the 15th November, 1952).
*Now "Governor".
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(ii) such other matters in the said Lists as, with the concurrence
of the Government of the State, the President may by order specify.
Explanation.-For the purposes of this article, the Government
of the State means the person for the time being recognised by the
President as the Maharaja of Jammu and Kashmir acting on the advice of
the Council of Ministers for the time being in office under the Maharaja's
Proclamation dated the fifth day of March, 1948;
(c) the provisions of 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 subclause (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 the 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 recommendation of the 1[clause (2) of Legislative
Assembly of the State] shall be necessary before the President issues such a
notification.

 See Appendix II.
1. Subs. by C.O. 272, dated the 5-8-2019, s.2. for "Constituent Assembly of the State
referred to in clause (2)" (w.e.f. 5-8-2019).
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