Kashmir Accord
November 13, 1974
Indira Gandhi |
Sheikh Mohammad Abdullah |
Agreed
conclusions which led to Sheikh Mohammad Abdullah's accord with Mrs. Indira
Gandhi, Prime Minister, and his subsequent assumption of office as Chief
Minister in February 1975:
1 . The State
of Jammu and Kashmir which is a constituent unit of the Union of India,
shall, in its relation with the Union, continue to be governed by Article
370 of the Constitution of India.
2. The residuary
powers of legislation shall remain with the State; however, Parliament
will continue to have power to make laws relating to the prevention of
activities directed towards disclaiming, questioning or disrupting the
sovereignty and territorial integrity of India or bringing about secession
of a part of the territory of India from the Union or causing insult to
the Indian National Flag, the Indian National Anthem and the Constitution.
3. Where any
provision of the Constitution of India had been applied to the State of
Jammu and Kashmir with adaptations and modifications, such adaptations
and modifications can be altered or repealed by an order of the President
under Article 370, each individual proposal in this behalf being considered
on its merits; but provisions of the Constitution of India already applied
to the State of Jammu and Kashmir without adaptation or modification are
unalterable.
4. With a view
to assuring freedom to the State of Jammu and Kashmir to have its own legislation
on matters like welfare measures cultural matters, social security, personal
law and procedural laws, in a manner suited to the special conditions in
the State, it is agreed that the State Government can review the laws made
by Parliament or extended to the State after 1953 on any matter relatable
to the Concurrent List and may decide which of them, in its opinion, needs
amendment or repeal. Thereafter, appropriate steps may be taken under Article
254 of the Constitution of India. The grant of President's assent to such
legislation would be sympathetically considered. The same approach would
be adopted in regard to laws to be made by Parliament in future under the
Proviso to clause 2 of the Article. The State Government shall be consulted
regarding the application of any such law to the State and the views of
the State Government shall receive the fullest consideration
5. As an arrangement
reciprocal to what has been provided under Article 368, a suitable modification
of that Article as applied to the State should be made by Presidential
order to the effect that no law made by the Legislature of the State of
Jammu and Kashmir, seeking to make any change in or in the effect of any
provision of Constitution of the State of Jammu and Kashmir relating to
any of he under mentioned matters, shall take effect unless the Bill, having
been reserved for the consideration of the President, receives his assent;
the matters are:
(a) the appointment,
powers, functions, duties, privileges and immunities of the Governor, and
(b) the following
matters relating to Elections namely, the superintendence, direction and
control of Elections by the Election Commission of India, eligibility for
inclusion in the electoral rolls without discrimination, adult suffrage
and composition of the legislative Council, being matters specified in
sections 138, 139 140 and 50 of the Constitution of the State of Jammu
and Kashmir.
6. No agreement
was possible on the question of nomenclature of the Governor and the Chief
Minister and the matter is therefore, remitted to the Principals.
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