Article - 370 The Constitution of India (भारतीय संविधान की धारा - 370 )

Article - 370 The Constitution of India ( भारतीय संविधान की धारा - 370 ):

Temporary provision with respect to the State of Jammu and Kashmir ;

(1) Notwithstanding anything in this Constitution:-

(a) The provision of article-238 shall not apply in relation to the state of Jammu and Kashmir; [whereas, Article-238 which was included in PART-VII has repealed by the Constitution  ( Seventh Amendment) Act-1956, sec.29 and Sch. (w.e.f. 1-11-1956).]

(b) The power of parliament to make laws for the said State shall be limited to -

(i) Those matters in the Union List and the Concurrent List which, in consultation with the Government of the state, are declared b the President to correspond to matters specified in the Instrument of Accession Governing the accession of the state to the Dominion of India as the matters with respect to which the Dominion Legislature may make Laws for that State; and

(ii) Such other matters in the said Lists as, with the concurrence of the Government of the state, the President may by order specify.

(c) The provision of article-1 and of this article shall apply in relation to that State;

(d) Such of the other provisions and modifications of this constitution shall apply in relation to that state subject to such exceptions and modifications as President may by order specify:

     Provided that no such order which relates to the matters specified in the Instrument of Accession of the state referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the government of the state:

      Provided further that no such order which relates to the matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the constitution assembly for the purpose of framing the constitution of the state is convened, it shall be before such assembly for such decision as it may take thereon.

(3) Notwithstanding anything in the foregoing provision of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modification and from such date as he may specify:

      Provided that the recommendation of the constituent assembly of the state referred to in clause (2) shall be necessary before the President issues such a notification.

Please see the main post about article-370,        The Constitution of India (कृपया भारत के संविधान के अनुच्छेद -370 के बारे में मुख्य पोस्ट देखें निचे दिए गए लिंक पर क्लीक करे ): Click Here