Kashmir, Constitution of

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Contents

Preamble

  • In the name of God, the Helper of the helpless, the Strength of the weak, the Supporter of the fallen, the true Father of all, may the benediction and peace of God be upon Our Raja and upon all his Relations and Friends.
  • Whereas provision is being made in a separate Proclamation for certain matters affecting His Majesty, the Succession to the Rajadom and His Majesty's family;
  • Whereas We intend to govern in accordance with the provisions of this Constitution and the laws of Kashmir;
  • and whereas We have, with the advice and consent of Our traditional advisers, decided to make such provisions for the regulation of the government of Kashmir as is hereinafter contained:
  • Now, therefore, We, by the rights and powers of Our Prerogatives as Raja of Kashmir do hereby proclaim in Our name and on Our behalf and for and on behalf of Our Successors as hereinafter follows:

Chapter I: Preliminary

  1. Where in this Constitution reference is made to any public officer by the term designating his office, such reference shall be construed as a reference to the officer for the time being discharging the functions of that office.
  2. If it shall be declared by any law for the time being in force in Kashmir that an office shall not be a public office for all or any of the purposes of his Constitution, this Constitution shall have effect accordingly as if such law were enacted herein.
  3. References in this Constitution to "this Constitution" shall not, unless the context otherwise requires, be construed as referring to subsidiary legislation made under this Constitution.
  4. Save as in this Constitution otherwise provided or required by context, the Interpretation and General Clauses Act (except sections 30, 31 and 42 thereof) shall apply for the interpretation of this constitution as it applies for the interpretation of all other written laws.

Chapter II: Religion

  1. The religion of Kashmir shall be the Sikh Religion provided that all other religions may be practiced in peace and harmony by the person professing them in any part of Kashmir.
  2. The Head of the religion of Kashmir shall be His Majesty.
  3. The Principal officer responsible to His Majesty for Religion shall be the Granthi of the Gurdwara in Srinagar.

Chapter III: Executive Authority

  1. The Supreme executive authority of Kashmir shall be vested in His Majesty.
  2. Subject to this Constitution and to any other written law the executive authority shall be exercised by His Majesty or by the Council of Ministers or any Minister authorized by the Council of Ministers.
  3. There shall be a Prime Minister who, subject to the provisions of this Constitution and any other written law shall be responsible to His Majesty for the exercise of executive authority.
  4. There shall be such other Ministers as His Majesty may appoint.
  5. No person shall be appointed to be Prime Minister unless he is a Kashmiri professing the Sikh religion.
  6. The Prime Minister and other Ministers shall be appointed by His Majesty the Raja under His Signature and the Royal Seal and shall hold office during the pleasure of His Majesty.
  7. The Attorney General shall be appointed by His Majesty by notification in the Government Gazette and shall hold office during the pleasure of His Majesty .
  8. The remuneration of the Prime Minister, Ministers and Deputy Ministers shall be such as may be provided by the Legislature.
  9. His Majesty may appoint Deputy Ministers who shall assist the Ministers in the discharge of their duties and functions.

Chapter IV: Privy Council

  1. Establishment of a Privy Council
    1. There shall be in and for Kashmir a Privy Council constituted in accordance with this Chapter.
    2. The Privy Council, the Members of which shall be styled Privy Councillors, shall consist of
      1. the Regents, if a Council of Regency has been appointed;
      2. ex-officio Members, namely, the Prime Minister, Members of the Council of Ministers, and the person who holds such other office as may from time to time be designated by His Majesty by Proclamation in the Government Gazette;
      3. such other person (who shall be styled "Appointed Members") as His Majesty may appoint under the Royal Seal.
    3. Every Appointed Member of the Privy Council shall hold office during His Majesty's pleasure and subject thereto for such period and upon such conditions as may be specified in the Decree appointing him.
    4. Every Member of the Privy Council shall, before entering on the duties of his office, make and subscribe before His Majesty, or, if a Council of Regency has been appointed, before the senior Regent, or before such other person as His Majesty or, as the case may be, the senior Regent may decide, an oath or declaration in the form set out as Form 1 in the Schedule.
    5. Notwithstanding that he is not a Member of the Privy Council, the Attorney General
      1. shall have the right to attend meetings of that Council for the purpose of assisting the Council in advising His Majesty on the exercise of the power vested in His Majesty by subsection (1) of section 9 (prerog of mercy); and
      2. may, if requested by His Majesty or by any other person presiding in that Council, attend any meeting of that Council for the purpose of advising the Council in connection with any other matter.
  2. Functions of the Privy Council
    1. The Privy Council
      1. shall advise His Majesty in relation to the amendment or revocation of any of the provisions of this Constitution, in accordance with sections 9 and 85 (amend of const.) respectively;
      2. shall, subject to the provisions of any written law, advise His Majesty on the appointment of persons to Kashmiri customary ranks, titles, honors and dignities and the designation of the functions appertaining thereto; and
      3. shall perform such other functions as may be conferred on it by any other written law or by His Majesty .
    2. Minutes shall be kept of all proceedings of the Privy Council.
    3. His Majesty shall appoint some fit and proper person to be clerk to the Privy Council, and such person shall, before entering upon the duties of his office, make and subscribe before His Majesty or the senior Regent, as the case may be, an oath or declaration in the form set out as Form 11 in the Schedule.
    4. Subject to any provision contained in any other written law, the exercise of any power conferred on, or the doing of any act or thing by, the Privy Council may be signified under the hand of the Clerk to the Privy Council.
  3. Summoning and quorum
    1. The Privy Council shall not be summoned except by the authority of His Majesty or, if a Council of Regency has been appointed, by the senior Regent.
    2. No business shall be transacted at any meeting of the Privy Council if there are less than one-third of the Members of the Council (besides His Majesty or other person presiding) present at the meeting, and His Majesty or any other Member of the Council present at the meeting has objected to the transaction of business on that account.
    3. Any proceedings in the Privy Council shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings.
  4. Presiding at the Privy Council.
    1. His Majesty, so far as practicable, shall preside at meetings of the Privy Council.
    2. In the absence of His Majesty, the person who shall preside shall be,
      1. the senior Regent present, if a Council of Regency has been appointed,
      2. if no Council of regency has been appointed, such Member of the Privy Council as His Majesty may appoint.
  5. Prerogative of Mercy.
    1. His Majesty may, at any time, exercise, in respect of any offense for which the offender may be tried in Kashmir, one or more of the following powers as he may think fit, namely power to
      1. grant to any person concerned in, or convicted of, any such offence a pardon either free or subject to lawful conditions;
      2. grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person for such an offence;
      3. substitute a less severe form of punishment for that imposed by any sentence for such an offence;
      4. remit the whole or any part of any sentence passed for such an offence or of any sum of money imposed as a penalty or forfeiture, or otherwise due to Kashmir, His Majesty or any other person on account of such offence.
    2. His Majesty shall not pardon or reprieve any offender under subsection ? unless it shall appear to him expedient to do so upon receiving the advice of the Privy Council thereon; but, in all such cases, he shall decide either to extend or to withhold a pardon or reprieve according to his own deliberate judgement, whether the Members of the Privy Council concur therein or otherwise, but, if he should decide any question in opposition to the judgment of the majority of such Members, he shall record his reasons at length in the minutes of the Privy Council.
    3. It shall be the duty of the Attorney General to supply to the Privy Council any information which the prosecution may have in relation to any offender who has been sentenced to death which may be material to the exercise in relation to that offender of the powers vested in His Majesty.

Chapter V: The Council of Ministers

  1. Establishment of Council of Ministers
    1. There shall be in and for Kashmir a Council of Ministers
  2. Constitution of the Council of Ministers
    1. The Council of Ministers shall be presided over by His Majesty and shall consist of the Ministers appointed under subsection (6) of section 4.
  3. Tenure of Office and Vacation of Seats
    1. Subject to this Constitution every member shall hold his seat in the Council of Ministers during His Majesty's pleasure.
  4. Attendance at Council of Ministers of Non-members
    1. Whenever His Majesty or other person presiding desires to obtain the advice of any person touching the affairs of government, he may require such person to attend any meeting of the Council of Ministers for such purpose.
  5. Precedence
    1. The Members of the Council of Ministers shall have seniority and precedence among themselves in that Council as His Majesty may assign.
  6. Summoning and quorum.
    1. The Council of Ministers shall not be summoned except by the authority of His Majesty.
    2. No business shall be transacted at any meeting of the Council of Ministers if there is less than one member of the Council (besides His Majesty or other person presiding) present at the meeting, and His Majesty or any members of the Council present at the meeting has objected to the transaction of business on that account.
    3. The Council of Ministers shall not be disqualified for the transaction of business by reason of any vacancy among its Members, including any vacancy not filled when that Council is first constituted or is reconstituted at any time and any proceedings therein shall be valid notwithstanding that same person who was not entitled to do so took part in the proceedings.
  7. Presiding in Council of Ministers.
    1. In the absence of His Majesty, the person who shall preside shall be the Member of the Council of Ministers present who stands first in order of precedence according to section 15.
  8. Consultation with the Council of Ministers
    1. In the exercise of his powers and the performance of his duties, His Majesty shall, subject to the provisions of this section, consult with the Council of Ministers.
    2. Subsection (1) of this section shall not apply to the exercise or performance by His Majesty of any power or duty (whether conferred or imposed on him by this Constitution or by any other written law) if the law by which that power or duty is conferred or imposed empowers or requires His Majesty to exercise that power or perform that duty after consultation with any authority.
    3. Notwithstanding subsection (1) His Majesty shall not be obliged to consult the Council of Ministers in cases
      1. which are of such a nature that, in his judgement, Kashmir would sustain material prejudiced by his consulting the Council of Ministers thereon;
      2. in which the matters to be decided are, in his judgement, too unimportant to require the advice of the Council of Ministers; or
      3. in which the matters to be decided are in his judgment too urgent to admit on the advice of the Council of Ministers being given by the time within which it may be necessary for him to act; provided that, in every case falling within paragraph (c), His Majesty shall, as soon as practicable, inform the Council of Ministers of the measures which he has adopted with the reasons therefor.
    4. Only His Majesty or the Prime Minister shall be entitled to submit questions to the Council of Ministers, but if the Prime Minister declines to submit any question to that Council when requested in writing by any Member of that Council so to do, it shall be competent to such Member to require that there be recorded upon the minutes his written application together with the answer returned by the Prime Minister thereon.
  9. His Majesty May Act in Opposition to the Advice of the Council of Ministers
    1. His Majesty may act in opposition to the advice given to him by the majority of the Members of the Council of Ministers if he shall, in any case, consider it right so to do, but, in any case, he shall record fully in writing, for inclusion in the minutes, the reasons for his decision.
    2. Whenever His Majesty shall so act against the advice of the Council of Ministers, it shall be competent for any Member to require that there be recorded upon the minutes any advice or opinion he may have given upon the question together with the reasons therefor.
  10. Minutes
    1. Minutes shall be kept of all the proceedings of the Council of Ministers.
    2. As soon as practicable after the minutes of a meeting of the Council of Ministers have been confirmed, a full transcript thereof shall be transmitted by the Clerk to the Council of Ministers to His Majesty.
  11. Order to be taken by members
    1. Every member of the Council of Ministers, other than His Majesty, shall, before entering on the duties of his office, make and subscribe before His Majesty , or some other person authorized by His Majesty, an oath or declaration in the form set out as Form III in the Schedule, provided that any person who, having previously been a Member of that Council of Ministers, again becomes a Member of that Council within one month after the termination of his previous Membership thereof may enter on the duties of his office without making and subscribing such oath or declaration.
    2. His Majesty shall appoint some fit and proper person to be Clerk to the Council of Ministers, and such person shall, before entering upon the duties of this office, make and subscribe before His Majesty or other Member presiding an oath or declaration in the form set out as Form Ii on the Schedule.

Chapter VI: The Legislative Council

  1. There shall be a Legislative Council constituted in accordance with the provisions of this Part.
  2. The Legislative Council shall consist of ex-officio Members, five Official Members and ten Nominated Members.
  3. The ex-officio Members of the Legislative Council shall be the Prime Minister, the appointed Ministers and the Attorney General.
  4. The Official Members of the Legislative Council shall be persons who hold public office and shall be appointed by His Majesty under the Royal Seal.
  5. The Nominated Members of the Legislative Council shall be persons who do not hold public office, and shall be appointed by His Majesty under the Royal Seal.
  6. Subject to section ?, any person, other than a Regent, who is a Subject of His Majesty and who has attained the age of 21 years, shall be qualified to be appointed as an Official Member or a Nominated Member of the Legislative Council.
  7. Disqualification for Official and Nominated Members
    1. No person shall be qualified to be appointed as an Official Member or a Nominated Member of the Legislative Council or, having been so appointed, shall sit or vote therein, who
      1. is, by virtue of his own act, under acknowledgement of allegiance, obedience or adherence to power or state outside Kashmir.
      2. is a person declared to be of unsound mind under any law in force in Kashmir;
      3. has been sentenced by a Court in Kashmir to death or to imprisonment; provided that this paragraph shall not apply to any person
      4. until the time for lodging an appeal has lapsed or, if an appeal has been lodged, until such appeal has been dismissed or has been allowed but the appellate court has imposed a sentence of death or imprisonment;
      5. who has received a free pardon;
      6. if five years or more have elapsed since the termination of the imprisonment; or
      7. in respect of whom His Majesty has, after full consideration of the circumstances, directed that this paragraph shall not apply.
      8. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Kashmir or in any foreign country.
      9. is a party to, or a partner in, a firm or a director or manager of a company which is a party to any contract the consideration for which exceeds in value the sum of one thousand dollars with the Government for or on account of the public service, and has not disclosed to the Speaker the nature of such contract and his interest, or the interest of such firm or company therein; provided that a person shall not be considered to be a party to a contract with the Government for the purpose of this paragraph by reason of his holding, or acting in, any public office.
  8. Tenure of Office and vacation of seats
    1. Every Official and Nominated Member of the Legislative Council shall hold his seat therein during His Majesty 's pleasure.
    2. Every Official and Nominated Member of the Legislative Council shall cease to be a Member at the next dissolution of the Council after he has been appointed or previously thereto if his seat shall become vacant under this Constitution.
    3. The seat of the Official or Nominated Member shall become vacant if
      1. he shall be appointed as a Regent.
      2. he shall, by writing under his hand addressed to the Clerk of the Legislative Council, resign his seat in the Legislative Council and, in the case of an Official Member, his resignation shall be accepted by His Majesty;
      3. he shall be absent from two consecutive meetings of the Legislative Council without having obtained from the Speaker, before the termination of either or such meetings, permission to be or to remain absent therefrom;
      4. being an Official Member, he shall cease to hold public office;
      5. being a Nominated Member, he shall be appointed permanently to any public office; or
      6. any circumstances arise which, if he were not a Member of the Legislative Council, would cause him to be disqualified under section 30.
    4. If a Nominated Member shall be appointed temporarily to any public office or to act in any such office, he shall not sit as a Member or take part in the proceedings of the Legislative Council by virtue of his appointment as a Nominated Member so long as he continues to hold or act in that office.
    5. His Majesty may, for such reason as may appear to him to be good and sufficient, under the Royal Seal, declare any Member, other than an ex-officio Member, to be incapable of discharging his functions as a Member of the Legislative Council, and thereupon, such Member shall not sit in or take part in the proceedings of the Legislative Council until he is declared, in manner aforesaid, again to be capable of discharging his said functions.
    6. His Majesty may, for such reason as may appear to him good and sufficient, under the Royal Seal suspend any Member, other than an ex-officio Member from the exercise of his functions as such, and, thereupon such Member shall not sit in or take part in the proceedings of the Legislative Council so long as his suspension remains in force; and every such suspension shall remain in force until it shall be removed by His Majesty under the Royal Seal or the person suspended ceases to be a Member of the Legislative Council.
    7. If any ex-officio Member of the Legislative Council is appointed Regent and continues to hold the office by virtue of which he is an ex-officio member of the Legislative Council, he shall not, so long as he is a Regent, sit or take part in the proceedings of the Legislative Council as an ex-officio Member thereof.
    8. Any person vacating a seat as a Member of the Legislative Council may, if qualified, be again appointed as, or elected to be, a Member from time to time.
  9. Decisions of questions as to membership of Legislative Councils, etc.
    1. His Majesty shall have exclusive jurisdiction to determine any question whether
      1. any Official Member or any Nominated Member of the Legislative Council has been validly appointed as a Member of the Council; or
      2. any such Member has vacated his seat therein.
  10. Temporary appointments
    1. His Majesty may, under the Royal Seal, appoint a person to be a Member where for the time being
      1. one of the Members is appointed to act as regent.
      2. the functions of the offices qualifying for ex-officio membership of the Legislative Council are being discharged by less than eight persons;
      3. an Official Member is discharging the functions of any of those offices;
      4. the seat of an Official Member or a Nominated Member is vacant otherwise than by reason of a dissolution of the Council.
      5. a Member is unable to sit in the Legislative Council in consequence of a declaration by His Majesty , as provided in subsection (5) of section 31, that he is incapable of discharging his functions as a Member;
      6. a Member, other than an ex-officio Member or an Elected Member, is unable to sit in the Legislative Council in consequence of his suspension as provided in subsection (6) of section 31;
      7. a Nominated Member has been appointed temporarily to a public office or to act in any such office; or
      8. an Official Member or a Nominated Member is absent from Kashmir;
    2. If the deficiency is in the number of ex-officio Members or Official Members, the person so appointed shall be a person who is a public officer.
    3. Every person so appointed shall, so long as his appointment shall subsist, be to all intents and purposes
      1. in the case of a deficiency in the number of persons sitting in the Legislative Council as ex-officio Members or Official Members an Official Member; and
      2. in the case of a deficiency in the number of persons sitting in the Legislative Council as Nominated Members, a Nominated Member, and, subject to this section, section 31 shall apply accordingly.
    4. Any such temporary appointment shall case to have effect on notification by the Clerk of the Legislative Council to the person appointed of the revocation of the appointment, or on the supersession of the appointment by the definitive appointment of a person to fill the vacancy, or when the deficiency shall otherwise cease to exist.
    5. A temporary appointment shall cease to have effect on notification by the Clerk of the Legislative Council to the person appointed of the revocation of the appointment, or on the supersession of the appointment by the definitive appointment of a person to fill the vacancy, or when the deficiency shall otherwise cease to exist.
  11. Attendance at Legislative Council of Non-Members
    1. Whenever the Speaker desires to obtain the advice of any person in Kashmir touching any business about to be brought before the Legislative Council, he may summon any such person to attend the Legislative Council for such purpose.
    2. Any person so required may, with the permission of the Speaker and subject to Standing Orders, address the Legislative Council but, save as aforesaid, shall take no part in the proceedings thereof.
  12. Filling of vacancies
    1. Whenever the seat of an Official Member or a Nominated Member of the Legislative Council becomes vacant the vacancy shall be filled by appointment by His Majesty in accordance with this Constitution.
  13. Precedence
    1. The Members of the Legislative Council shall have seniority and precedence in the Council as follows
      1. first, the ex-officio Member in the order in which their offices are referred to in section 25;
      2. secondly, the Official Members and the Nominated Members according to the date on which they were respectively appointed, or if appointed on the same day, in such order as His Majesty shall assign; and
      3. thirdly the temporary Members in such order as His Majesty shall assign.
    2. When any person is re-appointed to the Legislative Council to fill the vacancy caused by the termination of his own term of office, any interval between such termination and re-appointment shall be disregarded in calculating for the purpose of this section, the length of time for which such person has been continuously a Member of the Council.
  14. Speaker
    1. His Majesty may, under the Royal Seal, appoint a Speaker of the Legislative Council from among the Members thereof; but, unless and until a Speaker is so appointed or if any time there is no subsisting appointment of a Speaker, references in this Constitution (other than in this section) to the Speaker shall be construed as references to the Prime Minister.
    2. Any person appointed as Speaker shall hold office at His Majesty's pleasure and, subject thereto, for such period as may be specified in the Decree by which he is appointed; provided that the Speaker may, by writing under his hand addressed to His Majesty, resign his office and, in the case of a Speaker appointed from among the Members of the Legislative Council, shall vacate his office if he ceases to be a Member of the Council.
  15. Speaker to attend and preside
    1. The Speaker shall, so far as is practicable, attend and preside at all meetings of the Legislative Council. In his absence, such Member of the Legislative Council as the Speaker may, after consultation with His Majesty, appoint or, in the absence of such Member or if no Member be so appointed, the Member of the Legislative Council present who stands first in the order of precedence, shall preside.

Chapter VII: Legislation and Procedure in the Legislative Council

  1. Power To Make Laws
    1. It shall be lawful for His Majesty, with the advice and consent of the Legislative Council, and subject to the provisions of this Constitution, to make laws for the peace, order and good government of Kashmir.
  2. Introduction of Bills, etc.
    1. Subject to this Constitution and to Standing Orders, any Member of the Legislative Council may introduce any Bill or propose any motion for debate in,or may present any petition to, the Legislative Council. Such Bill, motion or petition shall be debated and disposed of in accordance with Standing Orders.
    2. Except with the prior approval of His Majesty, the Legislative Council shall not proceed upon any Bill, motion or petition which would provide for or affect:
      1. the finance or currency of Kashmir;
      2. the compounding or remitting of any dept due to Kashmir;
      3. the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition of any such charge;
      4. the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any alteration in any such payment, issue or withdrawal otherwise than by reducing it;
      5. the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys, or the audit of the accounts of Kashmir;
      6. the borrowing of money, or the giving of any guarantee by Kashmir, or the amendment of the law relating to the financial obligations of Kashmir; or
      7. the assignment of any tax or fee.
    3. A Bill or an amendment to a Bill shall not be deemed to make provision for any of the matters specified in subsection (2) by reason only that it provides
      1. for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a license fee or a fee or charge for any service rendered.
      2. for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.
  3. Publication of Bills
    1. Save in case of urgency to be certified in writing by the Prime Minister, every Bill shall be published for general information in the Government Gazette at least 14 days prior to its introduction into the Legislative Council.
  4. Description of Bills, etc., not to be proceeded without approval
    1. Except with the prior approval of His Majesty signified thereto, the Legislative Council shall not proceed upon any Bill or upon any amendment to any Bill which, in the opinion of the Speaker, falls within any of the following classes
      1. any Bill relating to the issue of Bank Notes or the establishment of any Bank Association or the amendment of the constitution thereof;
      2. any Bill the provision of which shall appear inconsistent with obligations imposed upon His Majesty by Treaty or Agreement; or
      3. any Bill relating to questions of defense or public security.
    2. The approval of His Majesty in relation to any Bill or any amendment to any Bill under this section may be expressed at any time before His Majesty has assented thereto, and may, if given while the Legislative Council is sitting, be given verbally through the Prime Minister and, if given at any other time, shall be given in writing under the hand of the Prime Minister.
    3. The Speaker may, at any time in his discretion, adjourn the Legislative Council or suspend the sitting so as to obtain the advice of His Majesty under subsection (1) on any Bill, or any amendment to any Bill, which may be before that Council, or may require the Legislative Council not to proceed thereon until His Majesty has given his approval.
  5. Voting
    1. All questions proposed for decision in the Legislative Council shall be determined by a majority of the votes of the Members present and voting.
    2. The Speaker, if appointed as such under the Royal Seal from among persons who are not Members of the Legislative Council, shall not have an original vote, but he shall have and exercise a casting vote.
    3. In the absence of the Speaker the Member presiding shall have an original vote and shall in addition, if upon any question the votes are equally divided, have and exercise a casting vote.
  6. Vacancies and quorum
    1. The Legislative Council shall not be disqualified for the transaction of business by reason of any vacancy among the Members, including any vacancy not filed when the Council is first constituted or reconstituted at any time. Any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in that Council, or otherwise took part in those proceedings.
    2. If, at any sitting of the Legislative Council, any Member draws the attention of the person presiding at the sitting to the fact that less than seven members are present apart from any Member presiding and, after such interval, if any, as may be provided for by the Standing Orders the person presiding is satisfied that there are less than that number of Members so present, the Council shall be adjourned.
  7. Assent to Bills
    1. No Bill shall become law unless His Majesty shall have assented thereto and shall have signed the same, and shall have sealed it with the Royal Seal in token of assent.
    2. A law assented to by His Majesty shall come into operation on the date on which such assent shall be given. If it shall be enacted either in such law or in some other law that it shall come into operation on some other date, on that date.
  8. Style of Laws and Enacting Words
    1. All laws shall be styled Acts and the enacting words shall be "Be enacted by His Majesty with the advice and consent of the Legislative Council as follows".
  9. Reserved Powers
    1. If His Majesty shall consider that it is expedient in the interests of public order, good faith or good government of Kashmir that any Bill introduced, or any motion proposed, in the Legislative Council shall have effect, then, if the Council fail to pass that Bill or carry that motion within such time and in such form as His Majesty may think reasonable and expedient, His Majesty may, at any time, notwithstanding any provision of this Constitution or of any Standing Orders, declare that Bill or motion shall have effect as if it had been passed or carried by the Council either in the form in which it was so introduced or proposed or with such amendments as His Majesty shall think fit which have been passed or carried.
    2. Any such declaration, other than a declaration relating to a Bill, may be revoked by His Majesty. The Prime Minister shall notify such revocation in the Government Gazette and, from the date of such notification, any motion which shall have been deemed to have been carried by virtue of the declaration revoked shall cease to have effect. Such cession shall have the same effect as the repeal of a written law.
  10. Standing Orders
    1. Subject to this Constitution, the Legislative Council may from time to time make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, but no such Orders, and no amendment or revocation thereof, shall have effect unless approved by His Majesty.
    2. The first Standing Orders of the Legislative Council shall be made by His Majesty and may be amended or revoked by that Council under subsection (1).
    3. No Standing Order shall be suspended without the approval of the Speaker and such approval shall only be granted by him if he is satisfied that such suspension is necessary for the proper and expeditious conduct of the business of the Legislative Council.
  11. Oath to be taken by members
    1. Every Member of the Legislative Council shall, before taking his seat, make and subscribe before the Speaker or other Member presiding an oath or declaration in the form set out as Form IV in the Schedule.
  12. Clerk to the Legislative Council
    1. His Majesty shall appoint some fit and proper person to be Clerk to the Legislative Council. Such person shall, before entering upon the duties of his office, make and subscribe before the Speaker or other Member presiding an oath or declaration in the form set out as Form V in the Schedule.
  13. Minutes
    1. Minutes shall be kept of all the proceedings of the Legislative Council.
    2. As soon as practicable a full transcript of the minutes of every sitting of the Legislative Council shall be transmitted by the Clerk to the Legislative Council to His Majesty.
  14. Sessions, etc., of the Legislative Council
    1. There shall be a session of the Legislative Council once at least in every year, so that a period of 12 months shall not intervene between the last sitting in one session and the date appointed for its first sitting in the next session.
    2. Each session of the Legislative Council shall be held at such place and shall commence at such time as His Majesty may, from time to time, by notice published in the Government Gazette, appoint.
  15. Privileges of Legislative Council
    1. No person shall be liable to any proceedings in any court in respect of anything said, or any vote given, by him when taking part in any proceedings of the Legislative Councilor any committee thereof.
    2. No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Council.
  16. Right of Raja To Address Legislative Council
    1. His Majesty shall have the right to address the Legislative Council at any time upon any matter.
  17. Prorogation and Dissolution
    1. His Majesty may at any time, by Proclamation published in the Government Gazette, prorogue or dissolve the Legislative Council.
    2. His Majesty shall dissolve the Legislative Council at the expiration of five years from the date when it first meets after it is first constituted or is reconstituted at any time unless it has been sooner dissolved.

Chapter VIII: Finance

  1. No Taxation unless Authorised by Law
    1. No tax or rate shall be levied by or for Kashmir except by or under the authority of law.
  2. Civil List of the Raja and the Rani
    1. The Legislative Council shall by law provide a Civil List of His Majesty and a Civil List of the Rani, which Civil Lists shall be a charge on the Consolidated Fund.
  3. Consolidated Fund
    1. All revenues and moneys howsoever raised or received by Kashmir from whatsoever source shall, subject to this constitution and any written law, be paid into and from one fund to be known as the Consolidated Fund.
  4. Expenditures Charged on Consolidated Fund
    1. In addition to any grant, remuneration or other moneys so charged by any other provision of this Constitution or by any written law, there shall be charged on the Consolidated Fund
      1. the costs, charges and expenses, other than the emoluments of members of the public service, incidental to the collection and management of the revenues raised or received by Kashmir;
      2. all pensions, compensation for loss of office and gratuities for which Kashmir is liable;
      3. all debt charges for which Kashmir is liable;
      4. all moneys required to satisfy any judgment, decision or award against Kashmir by and court or tribunal.
    2. For the purposes of this section, "debt charges" include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.
  5. Annual Estimates of Revenue and Expenditure
    1. The Prime Minister shall, in respect of every financial year, present to the Legislative Council a statement of the estimated receipts and expenditure of Kashmir for that year. Unless the Legislature by written law in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.
    2. The estimates of expenditure shall show separately
      1. the total sums required to meet expenditure charged on the Consolidated Fund; and
      2. subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
    3. The sums to be shown under paragraph (b) of subsection (2) shall not include
      1. sums representing the proceeds of any loan raised by Kashmir for specific purposes and appropriated for those purposes by or under the written law authorising the raising of the loan; and
      2. sums presenting any money, or interest on money, received by Kashmir subject to a trust and to be applied in accordance with the terms of the trust.
    4. That Statement shall also show, so far as practicable, the assets and liabilities of Kashmir at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.
  6. Supply Bills
    1. The heads of expenditure to be met from the Consolidated Fund but not charged thereon other than expenditure to be met by such sums as are mentioned in subsection (3) of section 60, shall be included in a Bill, to be known as the Annual Supply Bill, providing the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the application of those sums of the purposes specified therein.
  7. Supplementary and Excess Expenditures
    1. If, in respect of any financial year, it is found
      1. that the amount appropriated by the Annual Supply Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Annual Supply Act; or
      2. that any moneys have been expended for any purpose in excess of the amount, if any appropriated for that purpose by the Annual Supply Act: a Supplementary Estimate showing the sums required or spent shall be caused by His Majesty to be laid before the Legislative Council and the heads of any such expenditure shall be included in a Supplementary Supply Bill.
  8. Power To Authorise Expenditure on Account or for Unspecified Purposes.
    1. The Legislature shall have power in respect of any financial year
      1. before the passing of the Annual Supply Bill to authorize by written law expenditure for part of the year; and
      2. to authorize by written law expenditure for the whole or part of the year otherwise than in accordance with sections 59 to 62 inclusive if, owing to the magnitude or indefinite character of any services or to circumstances of unusual urgency, it appears to be desirable so to do.
  9. Contengencies Fund
    1. The Legislature may by law provide for the creation of a Contingencies Fund and for authorizing the Prime Minister if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Contingencies Fund to meet that need.
    2. Where any advance is made in accordance with subsection (1), a Supplementary Estimate shall be presented and a Supplementary Supply Bill introduced as soon as possible for the purpose of replacing the amount so advanced.
  10. Withdrawals from Consolidated Funds
    1. Subject to subsection (2), no moneys shall be withdrawn from the Consolidated Fund unless they are
      1. charged on the Consolidated Fund;
      2. authorized to be issued by a Supply Act; or
      3. authorized to be issued under section 63.
    2. Subsection (1) shall not apply to any such sums as are mentioned in subsection (3) of section 60.
    3. No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law.
  11. Auditor General
    1. There shall be an Auditor General who shall be appointed by His Majesty.
    2. A person who has held office of Auditor General shall be eligible for reappointment but shall not, while holding that office be eligible for any other appointment in the service of Kashmir.
    3. The Auditor General may at any time resign his office, but shall not be removed from office except on the like grounds and in the like manner as a member of the Public Service Commission.
    4. The Legislature shall provide for the remuneration of the Auditor General and the remuneration so provided shall be charged on the Consolidated Fund.
    5. The remuneration and other terms of office, including pension rights, of the Auditor General shall not be altered to his disadvantage after his appointment.
    6. Subject to this section, the terms and conditions of the service of the Auditor General shall be determined by His Majesty.
  12. Power and Duties of Auditor General
    1. The accounts of Kashmir shall be audited and reported upon by the Auditor General, who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.
    2. The Auditor General shall perform such other duties and exercise such powers in relation to the accounts of Kashmir and to the accounts of other public authorities and bodies administering public funds as may be provided by any written law.
  13. Reports of Auditor General
    1. The Auditor General shall submit his reports to His Majesty who shall cause them to be laid before the Legislative Council.
  14. The provisions of this Chapter shall not be applicable to Sikh religious revenues and funds.

Chapter IX: The Public Services

  1. Tenure of Office in the Public Service
    1. Save as otherwise provided in this Constitution, every person holding office in the service of the Government of Kashmir shall hold office during the pleasure of His Majesty.
  2. The Public Service Commission
    1. There shall be a Public Service Commission which shall consist of a Chairman and such number of members as His Majesty may appoint.
  3. Subject to subsection (3), every person who is appointed to be a member of the Public Service Commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of three years from the date of his appointment and shall be eligible for reappointment.
    1. Subject to the next? paragraph, a member of the Public Service Commission may be removed from his office by His Majesty.
    2. A member of the Public Service Commission shall only be removed from his office for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed unless his case has been investigated by a person who holds or has held high judicial office in Kashmir, nominated for that purpose by His Majesty, and that person has recommended that he should be so removed.
    3. His Majesty in Council may, from time to time, make, amend or revoke rules relating to the procedure to be followed in investigating any question under this subsection, and may make arrangements as to the remuneration to be paid to any person appointed under paragraph (b), which remuneration shall be a charge on the Consolidated Fund.
    4. His Majesty may grant leave of absence from his duties to any member of the Public Service Commission, and may appoint a person to be a temporary member for the period of such leave.
    5. The procedure of the Public Service Commission shall, subject to any regulations made under section 75, be as determined by the Commission.
    6. For the purposes of the Penal Code, a member of the Public Service Commission shall be deemed to be a public servant.
  4. Secretary to Public Service Commission
    1. There shall be a Secretary to the Public Service Commission who shall be appointed by His Majesty.
  5. Salaries of Members of Public Service Commission
    1. Every person appointed to be a member of the Public Service Commission shall be paid such salary or allowances, or both, as may be determined by the Legislature; and all such salaries and allowance shall be a charge on the Consolidated Fund.
  6. Appointments in the Public Service
    1. The power to appoint, transfer, promote, dismiss or exercise disciplinary control over public officers is hereby vested in His Majesty.
    2. In the exercise of the power conferred upon him by subsection (1), His Majesty shall, except in the case of the Prime Minister and such other public officers as His Majesty Council may prescribe by notification in the Government Gazette, and unless regulations under section 75 otherwise provide, consult and act in accordance with the recommendation of the Public Service Commission.
    3. Nothing in this section shall affect the provisions of any written law relating to members of the Royal Kashmir Armed Forces, the Royal Kashmir Police Force or the Prison Service of Kashmir.
  7. Regulations
    1. His Majesty in Council may make regulations to provide for
      1. the exercise by the Public Service Commission of any of its functions; or
      2. the exercise by the Public Service Commission or by any person, subject to such conditions as may be prescribed, of any of the powers vested in His Majesty the Raja by section 74 and may further provide that any such person shall be free from the restriction imposed by subsection (2) to section 74.
  8. His Majesty To Administer Oaths.
    1. His Majesty may, whenever he thinks fit, require any person in the public service of Kashmir to make and subscribe before him or such person as he may appoint an oath or declaration of allegiance in the form set out as Form VI in the Schedule.

Chapter X: The Royal Seal

  1. His Majesty shall keep and use the Royal Seal for sealing all things whatsoever as a sign of his approval.

Chapter XI: Miscellaneous

  1. Attorney General
    1. The Attorney General shall advise on all legal matters connected with the affairs of Kashmir referred to him by His Majesty or by the Government of Kashmir.
    2. The Attorney General shall have power exercizable at his discretion to institute, conduct or discontinue any proceedings for an offence other than
      1. proceedings before a Sikh Court, subject to the provisions of any written law to the contrary; or
      2. proceedings before a Court Martial.
    3. In the exercise of this power the Attorney General shall not be subject to the direction or control of any other person or authority.
    4. The Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Kashmir.
  2. Official Language
    1. The official language of Kashmir shall be the Kashmiri language and shall be in such script as may by written law be provided.
  3. State Emergency
    1. Whenever it appears to His Majesty that an occasion of public danger exists whereby the security or economic life of Kashmir, or any part thereof, is threatened whether by war or external aggression or internal disturbance, actual or threatened, he may, by Proclamation, declare a state of emergency either in the whole of Kashmir or a part of Kashmir as may be specified in the Proclamation.
    2. No Proclamation of Emergency shall be in force for more than two years, without prejudice, however, to the issue of another such Proclamation at or before the end of that period.
    3. Wwhen a Proclamation of Emergency has been made and so long as such Proclamation is in force, His Majesty may make any Orders whatsoever which he considers desirable in the public interest. He may prescribe penalties which may be imposed for any offense against any such Order and may provide for the trial by any court of persons guilty of such offences; provided that no such Order shall confer any right to punish, without trial, by death, imprisonment or fine and that, except in so far as such procedure may be modified by any such Order, or of any offence created by any such Order, in respect of which breach or offense it is sought to make the offender liable to death, imprisonment or fine.
    4. Without prejudice to the generality of subsection (3), such Orders may be made with regard to any matters coming within the classes of subject hereinafter enumerated, that is to say
      1. censorship and the control and suppression of publications, writing, maps, plans, photographs, communications and means of communication;
      2. arrest, detention, exclusion and deportation;
      3. transportation by land, air or water and the control of the transport and movement of persons, animals and things;
      4. trading, storage, exportation, importation, production and manufacture;
      5. supply and distribution of food, water, fuel, light and other necessities;
      6. appropriation, control, forfeiture and disposition of property and the use thereof;
      7. conferring powers on public officers and others;
      8. requiring persons to do work or render services;
      9. constituting a special police force;
      10. formation of tribunals and other bodies for the purpose of deciding any matters specified in any such Orders, but having no power to inflict imprisonment or fines;
      11. modification, amendment, supersession or suspension of all or any of the provisions of any written law;
      12. entry into, and search of, premises or other places, and search and interrogation of persons.
      13. prescribing fees or other payments.
    5. Notwithstanding anything contained in Chapter VIII, His Majesty may, by any such Order, make all such financial provisions as may be necessary during the period of the emergency, including provision for the public service, and for the payment of compensation for work required compulsorily to be undertaken, and for property compulsorily taken.
    6. Any Order made under this section shall, unless His Majesty otherwise directs, come into force on the day on which it is made.
    7. Every Order made under this section shall, at the next meeting of the Legislative Council, be laid on the table of that Council and the Legislative Council may resolve that any such Order shall, to the extent and as from such date as may be specified in such resolution, cease to have effect; and any such cessation shall, if assented to by His Majesty, have the same effect as the repeal of a written law.
    8. Such Order shall be publicly notified as soon as circumstances permit, and any rescission of such Orders shall also be so published.
    9. Any Order made under this section shall, if the Proclamation of Emergency specified only part of Kashmir, have effect only in such part; provided that, if, while a Proclamation of Emergency is in force in any part of Kashmir, another Proclamation of Emergency is made in respect of any other part of Kashmir any Order already made and still in force when the last Proclamation comes into operation shall, forthwith, have effect in the part of Kashmir specified in the last Proclamation.
    10. Every Order made in pursuance of this section and every instrument made in pursuance of any such Order shall have effect notwithstanding anything therewith contained in the Constitution or in any written law.
  4. Effect of Constitution on His Majesty’s Prerogative
    1. The Government of Kashmir shall be regulated in accordance with the provisions of this Constitution and the form of such Government shall not be altered save in pursuance of the power conferred by section 85.
    2. Save as provided in subsection (1), and save to such extent as may be necessary to avoid inconsistency with any of the provisions of this Constitution, nothing in this Constitution shall be deemed to derogate from the prerogative powers and jurisdiction of His Majesty and, for the avoidance of doubt, it is declared that His Majesty retains the power to proclaim a further Part or further Parts of the law of the Constitution as to him from time to time may seem expedient.

Chapter XII: Amendment and Interpretation of the Constitution

  1. Amendment of Constitution
    1. His Majesty may by Proclamation, amend or revoke any of the provisions of the Constitution including this section; and this Constitution shall not otherwise be amended.
    2. His Majesty shall consult the Privy Council in relation to the exercise of the powers vested in him by this section, but shall not be obliged to act in accordance with the advice of that Council.
    3. His Majesty shall not make any Proclamation for the amendment or revocation of any provision of this Constitution unless a draft of the Proclamation has been approved by resolution of the Legislative Council.
  2. Interpretation Tribunal
    1. His Majesty may refer any question involving the meaning, interpretation, construction or effect of any of the provisions of the Constitution to the Interpretation Tribunal established in accordance with subsection (7) for their determination.
    2. When any such question rises in any legal proceedings before any court, either party thereto may request that court to report such question to His Majesty, with a submission that His Majesty should refer that question to the Interpretation Tribunal. Thereupon, the court shall so report such question unless in the opinion of the court the request is frivolous or vexatious, or the question has already been decided by the Interpretation Tribunal.
    3. If His Majesty does not refer a question reported under subsection (2), he shall cause the court by whom the report thereof was made to be so informed, and the court shall thereupon proceed with the determination of the legal proceedings before it.
    4. The decision of a majority of the Interpretation Tribunal upon any question referred to it under this section shall be deemed to be a decision of the Tribunal. Any decision of the Tribunal shall be in writing and shall be published in the Government Gazette and may be proved by production of the Government Gazette.
    5. In the case of a reference made by His Majesty to the Interpretation Tribunal pursuant to a report under subsection (2), His Majesty shall cause the determination of the Interpretation Tribunal to be communicated to the court by which the question has been reported and, in such case, that court may make such provision as may be just as to the costs of, and incurred by, such reference.
    6. The determination of the Interpretation Tribunal in any case referred to it under this section shall be binding and conclusive upon all persons and shall not be called in question in any court.
    7. The Interpretation Tribunal shall consist of a Chairman, who shall be a person who holds or has held high judicial office in, or has for at least ten years been engaged in legal practice in Kashmir and two other members, which Chairman and other members shall be appointed by His Majesty under the Royal Seal.
    8. His Majesty in Council may from time to time make, amend or revoke rules relating to the procedure to be followed in referring or determining questions under this section, and may make arrangements as to the remuneration to be paid to members of the Interpretation Tribunal.
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