Report
of the Drafting Committee
Legal Document No
138
In pursuance of the
directives contained in the Reports of the Basic
Principles Committee and the Advisory Committee on
Fundamental Rights and Citizenship, as adopted by the
House on 6th February, 1954, the Drafting Committee
has considered the question as to how best to give
effect to the recommendations embodied in these
Reports. The task which the Committee has to discharge
requires action in the following directions:
l. Preparation of the Draft
Constitution of the State.
2. Defining the sphere of
Union Jurisdiction in the State and for that purpose
suggesting the various provisions of the Constitution
of India along with modifications and exceptions
subject to which these provisions should apply to the
State. These would include appropriate modifications
and exceptions in Part II (Citizenship) and Part III
(Fundamental Rights) in their application to the State
of Jammu and Kashmir in the light of the
recommendations contained in the report of the
Advisory Committee on Citizenship and Fundamental
Rights.
3. Consequential amendments
in the Jammu and Kashmir Constitution Act, 1996.
As for the preparation of the
Draft Constitution for the State the Committee feels
that in view of the importance and magnitude of the
work involved, adequate time will be needed for the
completion of this task and accordingly recommends
that the same may be allowed.
The Annexure to this Report
while reflecting the desire of the House for the
ratification of the accession of the State with the
Union of India, indicates in detail the provisions of
the Constitution of India which generally correspond
to Defence, Foreign Affairs and Communications and
such other matters as are considered essential
concomitants of the fact of accession. In accordance
with the directions contained in the two reports,
referred to above, the Committee has eudeavoured to
clearly demarcate the sphere of Union Jurisdiction
keeping intact all along the residual powers of the
State. While doing so the Committee has further
provided adequate safe-guards for preserving the basic
policies of the State in respect of the land-reforms
and the interests of the permanent residents of the
State.
A bill for the purpose of
making consequential amend-ments in the Jammu and
Kashmir Constitution Act, 1996, in the light of the
Reports referred to in the opening paragraph of this
Reports will be drafted and presented to the House in
due course.
Jammu
Dated: 11th February, 1954.
(Sd.) G.L.
Dogra
(,,) Mir Qasim
(,,) D. P. Dhar
(,,) Ghulam Rasul Renzu
(,,) Harbans Singh Azad
Members Drafting
Committee.
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