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CONSTITUTION OF JAMMU AND KASHMIR

CONSTITUTION OF JAMMU AND KASHMIR

01st, January 2006

WE, THE PEOPLE OF THE STATE OF JAMMU AND KASHMIR, having solemnly resolved, in pursuance of the 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.

S.1 Short title and commencement

(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 at 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.

S.2 Definitions

(1) In this Constitution, unless the context otherwise requires

  • (a) "Constitution of India" means the Constitution of India as applicable in relation to this State;
  • (b) "existing law" means any law, ordinance, order, bye-law, rule, notification or regulation passed, made or issued before the commencement of this Constitution by the Legislature or other competent authority or person having 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 including a reference to an Ordinance made by the 1[Governor].

2[(3) Any reference in this Constitution to the Sadar-i-Riyasat shall, unless the context otherwise requires, be construed as reference to the 2Governor].

1 Substituted for "Sadar-i-Riyasat" by Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, s.2.

2 Inserted by section 3, ibid.

S.3 Relationship of the State with the Union of India

The State of Jammu and Kashmir is and shall be an integral part of the Union of India.

S.4 Territory of the State

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.

S.5 Extent of executive and legislative power of the State

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.

S.6 Permanent residents

(1) 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
  • having lawfully acquired immovable property 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 re-settlement 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 in State Notification No. I-L/84 dated the twentieth April, 1927, read with State Notification No. 13/L dated the twenty-seventh June, 1932.

S.7 Construction of references to State Subjects in existing laws

Unless the context otherwise requires, all references in any existing law to hereditary State Subjects or to State Subject of class I or of Class II or of Class III shall be construed as references to permanent residents of the State.

S.8 Legislature to define permanent residents

Nothing in the foregoing provisions of this part shall derogate from the power of the State Legislature to make any law defining the classes of persons who are, or shall be, permanent residents of the State.

S.9 Special provision for Bills relating to permanent residents

A Bill making provision for any of the following matters, namely:

  • (a) defining or altering the definition of the classes of persons who are, or shall be, permanent 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.

S.10 Rights of the permanent residents

The permanent residents of the State shall have all the rights guaranteed to them under the Constitution of India.

S.11 Definitions

In this Part, unless the context otherwise requires, the State includes the Government and the Legislature of the State and all local or other authorities within the territory of the State or under the control of the Government of the State.

S.12 Application of the principles contained in this Part

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.

S.13 State to establish a socialist order of society for the promotion of welfare of the people

The prime object of the State consistent with the ideals and objectives of the freedom movement envisaged in "New Kashmir" shall be the promotion 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 national life.

S.14 Economy of the State to be developed in a planned manner

Consistently with the objectives outlined in the foregoing section, the State shall develop in a planned manner the productive forces of the country with a view to enriching the material and cultural life of the people and foster and protect

  • (a) the public sector where the means of production are owned by the State;
  • (b) the co-operative sector where the means of production are co-operatively owned by individuals or groups of individuals; and
  • (c) the private sector where the means of production are owned by an individual or a corporation 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.

S.15 State to ensure speedy improvement in standard of living of rural masses

The State shall endeavour to organise and develop agriculture and animal husbandry by bringing to the aid of the cultivator the 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.

S.16 Organisation of village panchayats

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.

S.17 State to take certain steps for promoting crafts and cottage industries

The State shall in order to rehabilitate, guide and promote the renowned crafts and cottage industries of the State, initiate and execute well considered programmes for refining and modernising techniques and modes of production, including the employment of cheap power so that unnecessary drudgery and toil of the workers are eliminated and the artistic value of the products enhanced while the fullest scope is provided for the encouragement and development of individual talent and initiative.

S.18 Separation of judiciary from executive

The State shall take 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, impartiality and incorruptibility of its various organs of justice, administration and public utility.

S.19 Right to work and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing

  • (a) that all permanent residents, men and women equally, have the right to work, that is the right to receive guaranteed work with payment for labour in accordance with its quantity and quality subject to a basic minimum and maximum wages 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, industrial or otherwise, have reasonable, just and humane conditions of work with full enjoyment of leisure and social and cultural opportunities;
  • (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, sanatoria and health resorts at State expense.

S.20 Rights of free and compulsory education in certain cases

The State shall endeavour

  • (a) to secure to every permanent resident the right to free education up to the University standard;
  • (b) to provide, within a period of ten years from the commencement of this Constitution, compulsory education for all children until they complete the age of fourteen years; and
  • (c) to ensure to all workers and employees adequate facilities for adult education and part-time technical, professional and vocational courses.

S.21 Rights of children

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.

S.22 Rights of women

The State shall endeavor to secure to all women

  • (a) the right to equal pay for equal work;
  • (b) the right to maternity benefits as well as adequate medical care in all employments;
  • (c) the right to reasonable maintenance, extending to cases of married women who have been divorced or abandoned;
  • (d) the right to full equality in all social, educational, political and legal matters;
  • (e) special protection against discourtesy, defamation, hooliganism and other forms of misconduct.

S.23 Protection of educational, material and cultural interests of socially and economically backward sections

The State shall guarantee to the socially and educationally backward sections of the people special care in the promotion of their educational, material and cultural interests and protection against social injustice.

S.24 Duty of the State to improve public health

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.

S.25 Duty of the State to foster equality and secularism

The State shall combat ignorance, superstition, fanaticism, communalism, racialism, cultural backwardness and shall seek to foster brotherhood and equality among all communities under the aegis of a Secular State.

S.26 Head of State

(1) The Head of the State shall be designated as the 1 Governor.

(2) The executive power of the State shall be vested in the 9 Governor 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 2 Governor any functions conferred by any existing law on any other authority; or
  • (b) prevent the State Legislature from conferring by law functions on any authority subordinate to the Governor.

1 See Footnote 1 to Section 2.

S.27 Appointment of Governor

1[The Governor shall be appointed by the President by warrant under his hand and seal:

Provided that the person holding office as Sadar-i-Riyasat immediately before the commencement of the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, shall on such commencement be the Governor and shall, subject to the other provisions of this Constitution, continue to hold office as Governor until the remaining period of his term for which he was elected as Sadar-i-Riyasat expires.]

1 Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 4.

S.28 Term of office

(1) The 1 Governor shall hold office during the pleasure of the President.

(2) The 1 Governor may, by writing under his hand addressed to the President, resign his office.

(3) Subject to foregoing provisions of this section, the Governor 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 office.

1 See Footnote 1 to Section 2.

S.29 Qualifications for appointment as Governor

1[No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty years.]

1 Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 5.

S.30 Conditions of office

(1) The Governor shall not be a member of either House of Legislature and if a member of either House be 1[appointed] as 2 Governor, he shall be deemed to have vacated his seat in the House on the date on which he enters upon his office as 2 Governor.

(2) The 2 Governor shall not hold any other office of profit.

(3) The 2 Governor shall be entitled to such emoluments, allowances and privileges as are specified in the Second Schedule.

(4) The emoluments and allowances of the 2 Governor shall not be diminished during his term of office.

1 Substituted for "elected and recognized" by section 6, ibid.

2 See Footnote 1 to Section 2.

S.31 Oath of office

1[The Governor and every person discharging the functions of the Governor 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 that Court available, an oath or affirmation in the following form, that is to say

"I. A. B. do swear in the name of God/solemnly affirm that I will faithfully execute the office of Governor (or discharge the functions of the Governor) 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 the State".]

1 Substituted by Constitution of Jammu and Kashmir (Sixth Amendment) Act. 1965, Section 4.

S.32 Section 32

1[Omitted.]

1 Omitted by Section 8, ibid.

S.33 Discharge of the functions of the Governor in certain contingencies

1[The President may make such provisions as he thinks fit for the discharge of functions of the Governor in any contingency not provided for in this Part.]

1 Substituted by Section 9, ibid.

S.34 Power to grant pardons, reprieves, etc.

The 1 Governor shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

1 See Footnote 1 to Section 2.

S.35 Council of Ministers to aid and advise the Governor

1[(1) There shall be a Council of Ministers with the 2[Chief Minister] at the head to aid and advise the 3 Governor in the exercise of his functions.

(2) All functions of the 1 Governor 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 Governor shall not be enquired into in any court.

1 See Footnote 1 to Section 2.

2 Substituted for "Prime Minister" by Constitution of Jammu and Kashmir (Sixth Amendment) Act. 1965, Section 2.

3 Section 36 renumbered as sub-section (1) and sub-section (2) inserted by the Constitution of Jammu and Kashmir (Thirtieth Amendment) Act, 2006, Section 2.

4 See Footnote 1 to Section 2.

S.36 Appointment of Ministers

1[(1)] The 2[Chief Minister] shall be appointed by the 3 Governor and the other Ministers shall be appointed by the 3 Governor on the advice of the 2[Chief Minister].

4[(2) A member of either House of the Legislature of the State belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Seventh Schedule shall also be disqualified to be appointed as a Minister under sub-section (1) or a Deputy Minister under section 38 for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of the Legislature of the State before the expiry of such period till the date on which he is declared elected, whichever is earlier.]

1 Section 36 renumbered as sub-section (1) and sub-section (2) inserted by the Constitution of Jammu and Kashmir (Thirtieth Amendment) Act, 2006, Section 2.

2 Substituted for "Prime Minister" by Constitution of Jammu and Kashmir (Sixth Amendment) Act. 1965, Section 2.

3 See Footnote 1 to Section 2.

4 Inserted ibid.

S.37 Minister's responsibility to the Legislature

(1) The Council of Ministers shall be collectively responsible to the Legislative Assembly.

(2) A Minister who for any period of six consecutive months is not a member of either House of Legislature shall upon the expiry of that period cease to be a Minister.

S.38 Deputy Ministers

The 1 Governor may on the advice of the 2[Chief Minister] appoint from amongst the members of either House of Legislature such number of Deputy Ministers as may be necessary:

3[Provided that the total number of Ministers, including the Chief Minister, appointed under section 36 and this section shall not exceed twenty percent of the total membership of the State Legislature.]

1 See Footnote 1 to Section 2.

2 Substituted for "Prime Minister" by Constitution of Jammu and Kashmir (Sixth Amendment) Act. 1965, Section 2.

3 Inserted by the Constitution of Jammu and Kashmir (Thirtieth Amendment) Act, 2006, Section 3.

S.39 Tenure of Office

The Ministers and the Deputy Ministers shall hold office during the pleasure of the 1 Governor.

1 See Footnote 1 to Section 2.

S.40 Oaths of office and secrecy

Before a Minister or a Deputy Minister enters upon his office, the 1 Governor or, in his absence, any person authorised by him, shall administer to the Minister or the Deputy Minister the oaths of office and of secrecy according to the form set out for the purpose in the Fifth Schedule.

1 See Footnote 1 to Section 2.

S.41 Salaries and allowances of Ministers and Deputy Ministers

The salaries and allowances of Ministers and Deputy Ministers shall be such as the Legislature may 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 Ministers' Salaries Act, 1956 (Act VI of 1956), the Jammu and Kashmir Ministers' Travelling Allowances Rules for the time being in force, and the Jammu and Kashmir Deputy Ministers' Salaries and Allowances Act, Section 2010 (Act VIII of Section 2010).

S.42 Advocate General for the State

(1) The 1 Governor shall appoint a person who is qualified to be appointed 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 Government, 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 1 Governor and receive such remuneration as the 1 Governor may determine.

1 See Footnote 1 to Section 2.

S.43 Rules of Business

The 1 Governor 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.

1 See Footnote 1 to Section 2.

S.44 Duties of Chief Minister

It shall be the duty of the 1[Chief Minister]

  • (a) to communicate to the 2 Governor 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 2 Governor may call for; and
  • (c) if the 2 Governor so requires, 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.

1 Substituted for "Prime Minister" by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 2.

2 See Footnote 1 to Section 2.

S.45 Form of orders and instruments and their authentication

(1) All executive action of the Government shall be expressed to be taken in the name of the Governor or of the Government of Jammu and Kashmir.

(2) Orders and other instruments made and executed in the name of the 1 Governor or of the Government of Jammu and Kashmir shall be authenticated in such manner as may be specified in the rules to be made by the 1 Governor 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 1 Governor or, as the case may be, by the Government of Jammu and Kashmir.

1 See Footnote 1 to Section 2.

S.46 Legislature for the State

There shall be a Legislature for the State which shall consist of the 1 Governor and two Houses to be known respectively as the Legislative Assembly and the Legislative Council.

1 See Footnote 1 to Section 2.

S.47 Composition of Legislative Assembly

(1) The Legislative Assembly shall consist of 1[one hundred and eleven] members chosen by direct election from territorial constituencies in the State:

Provided that the 2 Governor 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.

1[(2) For the purposes of sub-section (1), the State shall be divided into single member territorial constituencies by such authority and in such manner as the Legislature may by law determine.]

(3) Upon the completion of each census, the number, extent and boundaries of the territorial constituencies shall be readjusted by such authority and in such manner as the Legislature may by law determine:

Provided that such readjustment shall not effect representation in the Legislative Assembly until the dissolution of the then existing Assembly:

3[Provided that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of the State and the division of the State into the territorial constituencies under this sub-section.

1 Substituted by the Constitution of Jammu and Kashmir (Twentieth Amendment) Act, 1987, Section 1.

2 See Footnote 1 to Section 2.

3 Inserted by the Constitution of Jammu and Kashmir (Twenty-ninth Amendment) Act, 2002, Section 2.

S.48 Provision relating to Pakistan occupied territory

Notwithstanding anything contained in section 47, until the area of the State under the occupation of Pakistan ceases to be so occupied and the people residing in that area elect their representatives

  • (a) 1[twenty-four seats] in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and
  • (b) the said area shall be excluded in delimiting the territorial Constituencies under section 47.

1 Substituted for "Twenty-fiveseats" by the Constitution of Jammu and Kashmir (Twelfth Amendment) Act, 1975, Section 3.

S.48A Holding of general election in the event of earlier dissolution of Legislative Assembly

1[Notwithstanding anything contained in this Constitution if upon the completion of a census, but before the final re-adjustment of territorial constituencies, the Legislative Assembly is dissolved prior to the expiry of its duration and the Governor is satisfied that holding of general election without delay is necessary, he may, after consulting the Election Commission, by notification direct that the general election shall be held on the basis of the last preceding delimitation of territorial constituencies].

1 Inserted ibid, Section 4.

S.49 Reservation of seats for Scheduled Castes

(1) There shall be reserved in the Legislative 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 population of the Scheduled Castes bears to the population of the State.

EXPLANATION: In this sub-section

  • 1[(a) the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; and]
  • (b) "Scheduled Castes" means the castes, 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 Castes in relation to the State under the provisions of Article 341 of the Constitution:

2[Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures of the first census taken after the year 2026 have been published, be construed as a reference to the 1981 census.]

(2) The provisions of sub-section (1) shall cease to have effect on the expiration of a period of 3[fifty-three 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.

1 Substituted by the Constitution of Jammu and Kashmir (Twelfth Amendment) Act, 1975, Section 5.

2 Added by the Constitution of Jammu and Kashmir (Twenty-ninth Amendment) Act, 2002, Section 3.

3 Substituted for "forty-three years" by the Constitution of Jammu and Kashmir (Twenty-eighth Amendment) Act, 2000, Section 2, w. e. f. 25th January, 2000.

S.50 Composition of Legislative Council

(1) Legislative Council shall consist of thirty-six members, chosen in the manner provided in this section.

(2) Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir and are not members of the Legislative Assembly:

Provided that of the members so elected, at least one shall be a resident of Tehsil Ladakh and at least one shall be a resident of Tehsil Kargil.

(3) Eleven members shall be elected by the members 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 committees in the Province of Kashmir;
  • (b)' the members of municipal council, town area committees and notified area committees in the Province of Jammu;
  • 1[XXX]

(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 2 Governor may by order specify;
  • (b) the members of the Panchayats and such other local bodies in the Province of Jammu as the 2 Governor may be order specify.

(6) 3[Eight] members shall be nominated by the 2 Governor, not more than three of whom shall be persons belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service.

(7) Elections under sub-sections (2) and (3) shall be held in accordance with the system of proportional representation by means of the single transferable vote.

1 Clauses (c) and (d) omitted by the Constitution of Jammu and Kashmir (Fifth Amendment) Act, 1963, Section 2.

2 See Footnote 1 to Section 2.

3 Substituted by the Constitution of Jammu and Kashmir (Fifth Amendment) Act, 1963, Section 2.

S.51 Qualifications for membership of the Legislature

A person shall not be qualified to be chosen to fill a seat in the Legislature unless he

  • 1[(a) is a permanent resident of the State, and makes and subscribes before some person authorised in that behalf by the Election Commission of India an oath or affirmation according to the form set out for the purpose in the Fifth Schedule;]
  • (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 Legislative 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.

1 Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 10.

S.52 Duration of Legislature

(1) The Legislative Assembly, unless sooner dissolved, shall continue for 1[six years] from the date appointed for its first meeting and no longer and the expiration of the said period of 1[six years] shall operate as dissolution of the Assembly:

Provided that the said period may, while a Proclamation of Emergency issued under Article 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.

1 Substituted for "five years" by the Constitution of Jammu and Kashmir (Sixteenth Amendment) Act, 1977, Section 2.

S.53 Session of the Legislature, prorogation and dissolution

(1) The 1 Governor 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 1 Governor may from time to time

  • (a) prorogue the Houses or either House;
  • (b) dissolve the Legislative Assembly.

1 See Footnote 1 to Section 2.

S.54 Rights of Governor to address and send messages to the House or Houses

(1) The 1 Governor may address either House of Legislature, or both Houses assembled together, and may for that purpose require the attendance of members.

(2) The 1 Governor may send messages to either House, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration.

1 See Footnote 1 to Section 2.

S.55 Special address by the Governor

(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 1 Governor shall address both Houses of Legislature assembled together and inform the Legislature of the causes of its summons.

(2) Provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.

1 See Footnote 1 to Section 2.

S.56 Rights of Minister and Advocate General as respects the Houses

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 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.

S.57 The Speaker and Deputy Speaker of the Legislative Assembly

The Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the 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.

S.58 Vacation and resignation of, and removal from, the offices of the Speaker and Deputy Speaker

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 resolution 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 shall not vacate his office until immediately before the first meeting of the Assembly after the dissolution.

S.59 Power of the Deputy Speaker or other person to perform the duties of the office of or to act as Speaker

(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 1 Governor 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.

1 See Footnote 1 to Section 2.

S.60 The Speaker and the Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(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 in relation 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 resolution for his removal from office is under consideration in the Assembly and shall, notwithstanding anything in section 67, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes.

S.61 The Chairman and Deputy Chairman of the Legislative Council

(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.

S.62 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman

There shall be paid to the Speaker and 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 provision in that behalf is so made, such salaries and allowances as are specified in the Third Schedule.

S.63 Secretariat of the Legislature

(1) Each House of the Legislature shall have a separate secretariat 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 recruitment, and the conditions of service of persons appointed, to the secretarial staff of each House.

Until provision is made by the Legislature under sub-section (2), the 1 Governor 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 conditions 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.

1 See Footnote 1 to Section 2.

S.64 Oath or affirmation by members

Every member of the Legislative Assembly or the Legislative Council shall, before taking his seat, make and subscribe before the 1 Governor 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.

1 See Footnote 1 to Section 2.

S.65 Quorum

Save as otherwise provided by the rules of procedure of the House, the quorum to constitute a meeting of the Legislative Assembly and of the Legislative Council shall be twenty and ten respectively.

S.66 Power of Houses to act notwithstanding vacancies

A House of the Legislature shall have power to act not-withstanding 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 entitled so to do sat or voted or otherwise took part in the proceedings.

S.67 Voting in the Houses

(1) Save as otherwise provided in this Constitution, 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.

S.68 Vacation of Seats

(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 chosen a member of both Houses of his seat in one House or the other.

1[(2) It a member of a House of the Legislature resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be, his seat shall thereupon become vacant:

Provided that if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation].

(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.

1 Substituted by the Constitution of Jammu and Kashmir (Fourteenth Amendment) Act, 1976, Section 2.

S.69 Disqualification for membership

(1) A person shall be disqualified for being chosen as 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 Government or any other State Government within the Union of India, other than an office declared by Legislature by law not to disqualify 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 or adherence to a foreign State;
  • (e) if he is so disqualified by or under any law made by the Legislature.

(2) For the purposes 1[of sub-section (1)] 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 within the Union of India, by reason only that he is a Minister, or a Deputy Minister.

2[(3) A person shall be disqualified for being a member of either House of Legislature if he is so disqualified under the Seventh Schedule.]

1 Substituted by the Constitution of Jammu and Kashmir (Eighteenth Amendment) Act, 1987, Section 2.

2 Inserted ibid.

S.70 Decision on questions as to disqualifications of members

(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 Legislative Council, is disqualified for being such a member under the provisions of 1[sub-section (1) 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 for decision and its decision shall be final:

Provided that where 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 prescribed by law, for presenting an election 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 member's disqualification 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 (1) the member admits that he is or was disqualified under the provisions of 2[sub-section (1) of section 69], or where on a reference made under that sub-section the High Court decided that the member is or was so disqualified, his seat shall thereupon become vacant.

1 Substituted by the Constitution of Jammu and Kashmir (Eighteenth Amendment) Act, 1987, Section 3.

2 Substituted ibid, Section 3.

S.71 Penalty for sitting and voting before making oath or affirmation when not qualified or when disqualified

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 64 or when he knows that he is not qualified 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.

S.72 Powers, Privileges, etc. of the Houses of Legislature and of the members and committees thereof

(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 proceeding 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 to 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.

S.73 Salaries and allowances of members

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.

S.74 Provisions as to introduction and passing of Bills

(1) Subject to the Provisions of sections 76 and 84 with respect to Money Bills and other Financial 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 Houses 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 Legislative Council, shall lapse on a dissolution of the Assembly.

S.75 Restriction on powers of Legislative Council as to Bills other than Money Bills

(1) If after a Bill has been passed by the Legislative Assembly and transmitted to the Legislative 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 Legislative Assembly may, subject to the rules regulating its procedure, pass the Bill again in the same or in any subsequent 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 passed for the second time by the Legislative Assembly and transmitted to the Legislative Council

  • (a) the Bill is rejected by the Council; or
  • (b) more than 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 is 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.

S.76 Special Procedure in respect of Money Bills

(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 recommendations 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 Legislative Assembly with its recommendations, and the Legislative Assembly may thereupon either accept or reject all or any of the recommendations of the Legislative Council.

(3) If the Legislative Assembly accepts any of the recommendations of the Legislative Council, the Money Bill shall be deemed to have been passed by both Houses with the amendments recommended by the Legislative Council 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 the form in 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.

S.77 Definition of "Money Bills"

(1) For the purpose of this 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 undertaken or to be undertaken by the State;
  • (c) the custody of the Consolidated Fund or the Contingency Fund of the State, payment of moneys into or withdrawal 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 charged 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
  • (g) 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 licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by 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 on every Money Bill when it is transmitted to the Legislative Council under section 76 and when it is presented to the 1 Governor for assent under section 78, the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.

1 See Footnote 1 to Section 2.

S.78 Assent to Bills

When a Bill has been passed by both Houses of the Legislature, it shall be presented to the 1 Governor and the 1 Governor shall declare either that he assents to the Bill or that he withholds assent therefrom:

Provided that the 1 Governor 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 desirability 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 1 Governor for assent, the 1 Governor shall not withhold assent therefrom.

1 See Footnote 1 to Section 2.

S.79 Annual Financial Statement

(1) The 1 Governor 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 expenditure charged upon the Consolidated Fund of the State; and
  • (b) the sums required to meet other expenditure proposed to be made from the Consolidated 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 1 Governor 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 the 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 Judgment, 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.

1 See Footnote 1 to Section 2.

S.80 Procedure in Legislature with respects to estimates

(1) So much of the estimates as relates to expenditure charged 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 preventing the discussion in the Legislature of any of 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 1 Governor.

1 See Footnote 1 to Section 2.

S.81 Appropriation Bills

(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 Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the Houses.

(2) 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 so 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 this sub-section shall be final.

(3) Subject to the provisions of sections 82 and 83, no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this section.

S.82 Supplementary, additional or excess grants

(1) The 1 Governor shall

  • (a) if the amount authorised by any law made in accordance with the provisions of section 81 to be expended for a particular service for the current financial year is to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary 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 service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before the House of the Legislature another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative 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 authorizing 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 statement and the expenditure mentioned therein or to a demand for a 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.

1 See Footnote 1 to Section 2.

S.83 Votes on account, votes of credit and exceptional grants

(1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assembly 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 passing of the law in accordance with the provisions of section 81 in relation to that expenditure;
  • (b) to make a grant for meeting an unexpected 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 authorize 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 any 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 in 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.

S.84 Special provisions as to Financial Bills

(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 recommendation of the 1 Governor and a Bill making such provision shall not be introduced in the Legislative Council:

Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provisions 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 aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, 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 1 Governor has recommended to that House the consideration of the Bill.

1 See Footnote 1 to Section 2.

S.85 Rules of procedure

(1) A House of the Legislature may make rules for regulating, subject to the provisions of this Constitution, its procedure and the conduct 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 Constitution with respect to the 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 1 Governor, 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 communication between the two Houses.

1 See Footnote 1 to Section 2.

S.86 Regulation by law of procedure in the Legislature in relation to financial business

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 Houses of the Legislature in relation to any financial matter or to any Bill for the appropriation 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 (1) of section 85 or with any rule or standing order having effect in relation to either House of the Legislature under sub-section (2) of that section, such provisions shall prevail.

S.87 Language to be used in the Legislature

(1) Business in the Legislature shall be transacted in Urdu or in English: 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 adequately express himself in any of the aforesaid languages, to address the House in his mother-tongue.

(2) The official record of the proceedings in the Legislature shall be kept in Urdu as well as in English.

(3) The text of all Bills and amendments thereof moved in and of all Acts passed by the Legislature which shall be treated as authoritative, shall be in English.

S.88 Restriction on discussion in the Legislature

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.

S.89 Courts not to inquire into proceedings of the Legislature

(1) The validity of any proceedings in the Legislature shall not be called in question on the ground 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 jurisdiction of any court in respect of the exercise by him of those powers.

S.90 Requirements as to recommendations regarded as matters of procedure only

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 1 Governor.

1 See Footnote 1 to Section 2.

S.91 Power of Governor to promulgate Ordinances during recess of Legislature

1[(1) If at any time, except when both Houses of the Legislature are in session, the 1 Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require:

Provided that the power of making an 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 1 Governor 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 before the expiration of that period a resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, upon the resolution being agreed to by the Legislative Council, and
  • (b) may be withdrawn at any time by the 1 Governor.

2[(3) Notwithstanding anything in this Constitution, the satisfaction of the Governor mentioned in sub-section (1) shall be final and conclusive and shall not be questioned in any court on any ground].

Explanation: Where the Houses of the Legislature are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the latter of those dates for the purposes of this sub-section.

1 See Footnote 1 to Section 2.

2 Inserted by the Constitution of Jammu and Kashmir (Fifteenth Amendment) Act 1976, Section 2.

S.92 Provisions in case of failure of Constitutional machinery in the State

(1) If at any time the 1 Governor 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 1 Governor may by Proclamation

  • (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in the State;
  • (b) make such incidental and consequential provisions as appear to the Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provision of this Constitution relating to anybody or authority in the State:

Provided that nothing in this section shall authorize the 1 Governor to assume to himself any of the powers vested in or exercisable by the High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to the High Court.

(2) Any such Proclamation may be revoked or varied 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 Proclamation, cease to operate on the expiration of six months from the date on which it was first issued.

(4) If the 1 Governor 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.

(5) 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 Legislature as soon as it is convened.

1 See Footnote 1 to Section 2.

S.93 Constitution of High Court

(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.

S.94 High Court to be Court of Record

The High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself or of the courts subordinate to it.

S.95 Appointment and tenure of office of Judges

1[(1) 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 2 Governor, and in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court and 3[shall hold office, in the case of an additional or acting Judge, as provided in section 100-A, and in any other case until he attains the age of 4[sixty-two years].

5[(2) If any question arises as to the age of a Judge of the High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final].

1 Section 95 renumbered as sub-section (1) by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 11.

2 See Footnote 1 to Section 2.

3 Substituted by the Constitution of Jammu and Kashmir (First Amendment) Act, 1959, Section 2, for "shall hold office until he attains age of sixty years".

4 Substituted for "sixty years" by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 11.

5 Inserted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 11.

S.96 Qualifications for appointment

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 computing 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.

S.97 Oath or affirmation by Judges of the High Court

Every person appointed to be a Judge of the High Court shall, before he enters upon his office, make and subscribe before the 1 Governor, 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.

1 See Footnote 1 to Section 2.

S.98 Salaries, etc. of Judges

(1) There shall be paid to the Judges of the High Court such salaries as are specified in the Fourth Schedule.

(2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pension 1[x x x] 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 disadvantage after his appointment.

1 Certain words omitted by the Constitution of Jammu and Kashmir (First Amendment) Act, 1959, Section 3.

S.99 Resignation or removal of a Judge of the High Court

(1) A Judge of the High Court may, by writing under his hand addressed to the President, resign his office.

1[(2) Omitted].

1[(3) Omitted].

1 Sub-sections (2) and (3) of section 99 omitted by Section 4, ibid.

S.100 Appointment of Acting Judges

(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.

1[(2) Omitted.]

1 Sub-section (2) of section 100 omitted by Section 5, ibid.

S.100A Appointment of Additional and Acting Judges

1[(1) If by reason of any temporary increase in the business of the High Court or by reason of the arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional judges of the Court for such period not exceeding two years as he may specify.

(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 that Court until the permanent Judge has resumed his duties.

(3) No person appointed as an additional or acting Judge of the High Court shall hold office after attaining the age of 2[sixty-two years].

1 Section 100-A inserted by Section 6, ibid.

2 Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 12, for "sixty years".

S.100B Appointment of retired Judges at sitting of the High Court

1[Notwithstanding anything in this Part, the Chief Justice of the High Court may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court in India to sit and act as Judge of the High Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be a Judge of the High Court:

Provided that nothing in this section shall be deemed to require any such person as aforesaid to sit and act as a Judge of the High Court unless he consents so to do.

1 Section 100-B inserted by Section 13, ibid.

S.101 Place of sitting of the Court

(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 1 Governor, 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 Court should hold its sitting at place other than Srinagar and Jammu, one or more Judges of the High Court as determined by him shall, with the previous approval of the 1 Governor, sit at such place.

1 See Footnote 1 to Section 2.

S.102 Saving of existing jurisdiction of the High Court

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 immediately before the commencement of this Constitution:

1[Provided that nothing in this section shall be deemed to exclude institution of original civil suits without limit as regards the value in the principal civil court of original jurisdiction in the district].

1 Inserted by the Constitution of Jammu and Kashmir (Twenty-fourth Amendment) Act, 1997, Section 2.

S.103 Power to issue certain writs

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 (2-A) of article 32 of the Constitution of India.

S.104 Superintendence and control of subordinate courts

(1) The High Court shall have superintendence and control over all courts for the time being subject to its appellate or revisional jurisdiction and all such courts shall be subordinate to the High Court.

(2) Without prejudice to the generality of the forgoing 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 proceedings of such Courts;
  • (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, advocates and pleaders practising therein:

Provided that any rules made, forms prescribed 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 1 Governor.

1 See Footnote 1 to Section 2.

S.105 Transfer of cases to High Court

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 determination of which is necessary for the disposal of the cast 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 judgment on such question and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.

S.106 Section 106

1[Omitted].

1 Section 106 omitted by the Constitution of Jammu and Kashmir (First Amendment) Act, 1959, Section 7.

S.107 Seal

(1) The High Court shall have and use as occasion 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.

S.108 Officers and servants of the High Court

(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 1 Governor 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 consultation with the State Public Service Commission.

(2) 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 1 Governor.

(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.

1 See Footnote 1 to Section 2.

S.109 Appointment of district Judges

(1) Appointment of persons to be, and the posting and promotion of, district Judges in the State shall be made by the 1 Governor in consultation 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.

1 See Footnote 1 to Section 2.

S.109A Validation of postings and transfers of, and judgements, etc. delivered by, certain district Judges

1[Notwithstanding any judgement, decree or order of any court, (a) no posting or transfer of a district Judge made at any time before the commencement of the Constitution of Jammu and Kashmir (Ninth Amendment) Act, 1967 otherwise than in accordance with the provisions of section 109 or section 111 shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the fact that such posting or transfer was not made in accordance with the said provisions;

(b) no jurisdiction exercised, no judgement, decree, sentence or order passed or made, and no other act or proceeding done or taken, before the commencement of the Constitution of Jammu and Kashmir (Ninth Amendment) Act, 1967, by, or before, any person posted or transferred as a district Judge in the State otherwise than in accordance with the provisions of section 109 or section 111 shall be deemed to be illegal or invalid or ever to have become illegal or invalid by reason only of the fact that such posting or transfer was not made in accordance with the said provisions].

1 Section 109-A inserted vide the Constitution of Jammu and Kashmir (Ninth Amendment) Act, 1967, Section 2.

S.110 Recruitment of persons other than district judges to the judicial service

Appointments of persons other than district judges to the judicial service of the State shall be made by the 1 Governor in accordance with rules made by him in that behalf after consultation with the Public Service Commission and with the High Court.

1 See Footnote 1 to Section 2.

S.111 Control over subordinate courts

The control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging 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.

S.112 Interpretation 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 "judicial service" means a service consisting exclusively of persons intended to fill the post of district Judge, and other civil Judicial posts inferior to the post of district Judge.

S.113 Application of the provisions of this Part to certain class or classes of magistrates

The 1 Governor may by 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 magistrates in the State as they apply in relation to persons appointed to the judicial service of the State subject to such exceptions and modifications as may be specified in the notification.

1 See Footnote 1 to Section 2.

S.114 Taxes not to be imposed save by authority of law

No tax shall be levied or collected except by authority of law.

S.115 Consolidated Fund and public account

(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 the Government in repayment of loans 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 purpose and in the manner provided in this Constitution.

S.116 Contingency Fund

The Legislature may by law establish a Contingency Fund in the nature of an imprest 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 1 Governor to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorization of such expenditure by Legislature by law under sections 82 or 83.

1 See Footnote 1 to Section 2.

S.117 Expenditure defrayable by the State out of its revenues

The State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which the Legislature may make laws.

S.118 Custody etc. of Consolidated Fund, Contingency Fund and moneys credited to the public account

The custody of the Consolidated Fund of the State and the Contingency Fund 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 the 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 1 Governor.

1 See Footnote 1 to Section 2.

S.119 Custody of suitors' deposits and other moneys received by public servants and courts

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) any court within the State to the credit of any cause, matter, account or persons, shall be paid into the public account of the State.

S.120 Property accruing by escheat or lapse or as bona vacantia

Any property within the State which, if this Constitution had not come into operation, would have accrued to the Government or any other authority in the State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall vest in the State.

S.121 Powers to carry on trade etc.

(1) The executive power of the State shall extend, subject to any law made by the State Legislature, to the carrying on of any trade or business and to the grant, sale, disposition or mortgage of any property held for the purposes of the State, and to the purchase or acquisition 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.

S.122 Contracts

(1) All contracts made in the exercise of the executive power of the State shall be expressed to be made by the 1 Governor and all such contracts and all assurance of property made in the exercise of that power shall be executed on behalf of the 1 Governor by such persons and in such manner as he may direct or authorize.

(2) The 1 Governor 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 of any enactment 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.

1 See Footnote 1 to Section 2.

S.123 Suits and proceedings

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 power 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.

S.124 Recruitment and conditions of service of persons serving the State

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 1 Governor or such person as he may direct, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the Legislature under this section and any rules so made shall have effect subject to the provisions of any such Act.

1 See Footnote 1 to Section 2.

S.125 Tenure of office of persons serving the State

(1) Except as 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 holds office during the pleasure of the 1 Governor.

(2) Notwithstanding that a person holding a civil post under the State holds office during the pleasure of the 1 Governor, any contract under which a person, not being a member of a civil service of the State, is appointed to hold such a post may, if the 1 Governor deems it necessary in order to secure the service of a person having special qualifications, provide for the 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 misconduct on his part, required to vacate that post.

1 See Footnote 1 to Section 2.

S.126 Dismissal, reduction or removal of persons employed in civil capacities under the State

(1) No person who is a member of a civil service of the State or holds a civil post under the State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

1[(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges againsl him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry:

Provided that this sub-section shall not apply

  • (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;
  • (b) where the 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 hold such inquiry; or
  • (c) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonable to hold such inquiry as is referred in sub-section (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final].

1 Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965, Section 14.

S.127 Transitional provisions

Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as service or post under the State, shall continue in force so far as consistent with the provisions of this Constitution.

S.128 Public Service Commission for the State

There shall be a Public Service Commission (hereinafter referred to in this Part as "the Commission") for the State.

S.129 Appointment and term of office of members

(1) The Chairman and other members of the Commission shall be appointed by the 1 Governor:

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 for a term 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 Governor, 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.

1 See Footnote 1 to Section 2.

S.130 Removal and suspension of a member of the commission

(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 1 Governor on the ground of misbehavior after the High Court, on reference being made to it by the 1 Governor, 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.

(2) The 1 Governor 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 (1) until the 1 Governor has passed orders on receipt of the report of the High Court on such reference.

(3) Notwithstanding anything in sub-section (1), the 1 Governor may by order remove from office the Chairman or any other member of the Commission if the Chairman or 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 outside the duties of his office; or
  • (c) is, in the opinion of the Governor, 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 any way concerned or interested in any contract or agreement made by or on

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