Jammu, Constitution of

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The Constitution of the Rajadom of Jammu

Chapter I - The Rajadom of Jammu and the Succession to the Throne

§1 The territory of Jammu, in its entirety, is subject to the government of His Majesty. All the natives of Jammu, subjects of the Kingdom, form together the Rajadom of Jammu.
§2 The Royal Government assures the union of the territory, of the nation and of the law of Jammu.
§3 The law determines that the royal dignity shall remain perpetually attached to the line of His Majesty Gulab Singh.
§4 The throne and the crown of the Kingdom shall be transmitted to the descendants of His Majesty pursuant to the law of succession of the Royal House.
§5 By virtue of his royal blood, as well as by the consecration which he has received, the person of His Majesty is sacred, his dignity is inviolable and his power indisputable. He is consequently entitled to all the honors due to him in accordance with tradition and the present Constitution. The law decrees that anyone so bold as to seek to injure His Majesty will be punished.

Chapter II - The Powers and Prerogatives of His Majesty

§7 In the Rajadom of Jammu supreme power rests in the hands of His Majesty. He ensures the exercise thereof in conformity with the established law.
§8 His Majesty will institute the Assembly of Councillors and the Assembly of Representatives. The laws prepared by those Assemblies become executory only by royal promulgation.
§9 It is His Majesty's right to convene the deliberative Assemblies and to declare the opening and close of their sessions. He may also order their convocation before or after the usual time.
§10 When the Assemblies are not sitting, His Majesty has the right in case of necessity to promulgate decrees taking the place of laws, so as to maintain order and avert public dangers. The law determines that these decrees shall in due course be presented to the Assemblies at their first subsequent meeting, and that they shall be abrogated for the future if the Assemblies do not approve of them.
§11 His Majesty shall give the necessary orders to ensure the execution of the laws in force, according to the letter and the spirit thereof, for the maintenance of public order and for the development of the prosperity of the nation.
§12 His Majesty shall decide the organization and regulation of all administrative departments. It is His Majesty's right to appoint and dismiss officers in the Army as well as civil officials and to decide their respective functions and salaries.
§13 The right of declaring war and concluding peace is legally reserved to His Majesty.
§14 It is His Majesty's right to decide what armed forces shall be maintained, both in time of peace and in time of war.
§15 His Majesty has legally the right to negotiate and sign all kinds of treaties.
§16 His Majesty has the right to confer the title of prince and other honors, to establish personal estates and to institute new orders.
§17 His Majesty has the right to grant pardons, commute penalties, and to reinstate.
§18 If His Majesty is incapable, either by reason of age or sickness, of dealing with the affairs of State, a regent of the Kingdom may be appointed, pursuant to the law of the royal house, in order to exercise the supreme power on His Majesty's behalf.

Chapter III - The Rights Recognized by His Majesty as Belonging to the Nation, and the Duties Incumbent on the Nation

§19 The law specifies the requisite conditions for the status of Jammu subjects.
§20 All Jammu subjects, provided that they comply with the conditions laid down by law and the decrees promulgated by His Majesty may be appointed officers in the army or civil officials, or to any other posts or offices in the service of the State.
§21 All members of the Jammu army owe absolute loyalty and obedience to His Majesty, in conformity with the provisions of the law.
§22 The nation is bound to pay legal taxes.
§23 Within the limits laid down by the law, Jammu subjects have the right to pass freely from one place to the other.
§24 No Jammu subject may be arrested, sentenced, or imprisoned except in pursuance of the law.
§25 No Jammu subject may, against his will, be deprived of his right to be tried by a legally established court.
§26 Except in cases provided for by law, no domiciliary searches may be made.
§27 Except in cases provided by the law, no one shall have the right to violate the secrecy of the correspondence of Jammu subjects.
§28 Except in cases of public necessity determined by the law, no one shall have the right to deprive an Jammu subject of any movable or landed property which he owns.
§29 All Jammu subjects have the right to present to the Government petitions in legal form.
§30 The provisions of the present chapter shall in no way limit the measures which His Majesty, by virtue of his supreme power, may take in the event of war or public misfortunes menacing the interests of the nation.

Chapter IV - The Deliberative Assemblies of the Kingdom

§31 The deliberative Assemblies of the Kingdom are the Assembly of Councilors and the Assembly of Representatives.
§32 The members of the Assembly of Councilors shall be appointed by His Majesty from among the dignitaries who have for a long time served his Kingdom as princes or ministers, judges or military leaders.
§33 A person who has been appointed a member of the Assembly of Councilors may not, during the same parliamentary session, become a member of the Assembly of Representatives, and a person who has been chosen as a member of the Assembly of Representatives may not, during the same parliamentary session, become a member of the Assembly of Councilors.
§34 No law shall be put into force without having been discussed by the Assemblies and having received the confirmation of His Majesty.
§35 The number of representatives from each province, as well as other election procedures shall be determined by law.
§36 The members of the Assembly of Representatives are legally bound to receive and discuss proposals transmitted to them by the Ministers of the various departments. However, when the Representatives have an idea which might be of use to the Rajadom or to the people, the law reserves to them the right of communicating it to His Majesty through their President, and the assembly shall discuss the subject if His Majesty consents thereto.
§37 Each of the two Assemblies shall have the right to express separately its opinion to His Majesty on a question relating to legislation or on any other matter whatsoever. If, however, His Majesty does not accept this opinion, the Assemblies may not reconsider the question in the same parliamentary session.
§38 The two Assemblies shall be convened annually and shall sit for six months. If need be, His Majesty may prolong a session.
§39 The Assemblies may be convened in extraordinary session, should the necessity arise. In such case, it is for His Majesty to fix the duration of such session.
§40 The opening and closing, and the duration of sessions and recesses shall be fixed identically in respect of the two Assemblies. If the Assembly of Representatives is dissolved, the Assembly of Councilors will adjourn its session until the election of a new Assembly of Representatives.
§41 If His Majesty avails himself of his right to dissolve the Assembly of Representatives completely, he will arrange for a new Assembly to meet within four months.
§42 Neither of the Assemblies shall commence its deliberations or undertake a debate or a vote without two-thirds of its members being present.
§43 If, during the deliberations of the Assemblies, the votes are equally divided, the opinion of the group to which the President of the Assembly shall have adhered shall prevail.
§44 The President of the Assembly will announce in advance whether the question forming the subject matter of the deliberations is of a public or of a secret nature. If after a question has been declared to be secret, a member of the assembly makes it known to the public either in a speech, or by the press, or by writings or in any other way, he shall be punished according to the provisions of penal law.
§45 His Majesty will establish in the form of a law the standing orders of the Assembly of Councilors and the Assembly of Representatives.
§46 Except in cases of crime, judgment whereof cannot be deferred, no member of the Assembly of Representatives can be prosecuted at law while a parliamentary session is in progress.
§47 If, after deliberating an important matter, the two Assemblies come to different conclusions, His Majesty, having received written statements of their conflicting opinions, will examine the reasons for their disagreement, and having come to a conclusion in the matter will seek a compromise likely to bring them to a final agreement, by selecting what he considers best in the two different conclusions. In the event of it being impossible to reconcile the opinions of the two Assemblies, His Majesty legally has the right of selecting and promulgating the opinion of one or of adjourning the matter.
§48 Without first obtaining the consent of His Majesty, the Assemblies may not call upon Ministers to assist at their deliberations. In the same way Ministers may not assist at meetings of the Assemblies and take part in their deliberations, without first obtaining the consent of His Majesty.

Chapter V - The Ministers of the Kingdom

§49 A Council of Ministers shall function as advisors to His Majesty. These Ministers shall serve at the pleasure of His Majesty.
§50 The following Ministries shall be established in the Kingdom: of the State; of the Treasury; of the Law; of Defense; of the Interior; of Agriculture and Labor; of Commerce, Trade and Transportation; and of Health and Housing. His Majesty may reorganize these Ministries or create new Ministries as needed.
§51 Ministers shall submit in writing to His Majesty their opinions on matters relating to their respective departments, and they are responsible for such opinions. Laws and decrees and all other acts emanating from His Majesty touching matters of State shall bear the royal signature. Then the keeper of the seal shall notify them under his signature to the appropriate Minister.
§52 If His Majesty asks the advice of his Ministers on an important governmental question, they shall deliberate it together according to the regulations before submitting their opinion.

Chapter VI - The Administration of Justice

§53 Judges, sitting regularly, shall administer justice in accordance with the laws in the name of His Majesty. The organization of the courts shall be regulated by law.
§54 Judges shall be chosen from citizens who have experience in legal matters.
§55 Judges shall sit in public. In cases which might affect public order or endanger public morals, they may sit, according to the law, in camera.
§56 The jurisdiction of each court shall be fixed by law.
§57 Special courts shall judge all matters relating to administrative affairs, which are withdrawn from the jurisdiction of other courts.

Chapter VII - The Budget of the Royal Government

§58 The law lays down that the receipts of the government treasury, of whatever nature they may be, shall only be expended in conformity with the annual budget fixing the sums to be at the disposition of each Ministry. The annual budget shall be framed on the basis proposed by the Minister of the Treasury during deliberations in the Assembly of Representatives and in the Assembly of Councilors, whose resolutions shall be submitted for the approval of His Majesty.

Given at Jammu, on the 8th day of November, in the Year 165 from the Founding of the Kingdom, and in the Year 1985 of the Christian Era.