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    Art. 370 Article 370 S. 147

    Uploaded by

    Amit Raj
    This document discusses a court case from 1972 regarding Article 370 of the Indian Constitution as it relates to the state of Jammu and Kashmir. The key points made are: 1) The petitioner argued that under Article 370, the recognized government of Jammu and Kashmir is the Sadar-i-Riyasat, and the state assembly does not have the power to abolish this role. 2) Article 370 deals with the relationship between Jammu and Kashmir and the Union of India. 3) In 1952, the president issued an order modifying the application of Article 370 as it relates to references to the Indian Constitution and the government of Jammu and Kashmir.

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    Art. 370 Article 370 S. 147

    Uploaded by

    Amit Raj
    21 views2 pages
    This document discusses a court case from 1972 regarding Article 370 of the Indian Constitution as it relates to the state of Jammu and Kashmir. The key points made are: 1) The petitioner argued that under Article 370, the recognized government of Jammu and Kashmir is the Sadar-i-Riyasat, and the state assembly does not have the power to abolish this role. 2) Article 370 deals with the relationship between Jammu and Kashmir and the Union of India. 3) In 1952, the president issued an order modifying the application of Article 370 as it relates to references to the Indian Constitution and the government of Jammu and Kashmir.

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    This document discusses a court case from 1972 regarding Article 370 of the Indian Constitution as it relates to the state of Jammu and Kashmir. The key points made are: 1) The petitioner argued that under Article 370, the recognized government of Jammu and Kashmir is the Sadar-i-Riyasat, and the state assembly does not have the power to abolish this role. 2) Article 370 deals with the relationship between Jammu and Kashmir and the Union of India. 3) In 1952, the president issued an order modifying the application of Article 370 as it relates to references to the Indian Constitution and the government of Jammu and Kashmir.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views2 pages

    Art. 370 Article 370 S. 147

    Uploaded by

    Amit Raj
    This document discusses a court case from 1972 regarding Article 370 of the Indian Constitution as it relates to the state of Jammu and Kashmir. The key points made are: 1) The petitioner argued that under Article 370, the recognized government of Jammu and Kashmir is the Sadar-i-Riyasat, and the state assembly does not have the power to abolish this role. 2) Article 370 deals with the relationship between Jammu and Kashmir and the Union of India. 3) In 1952, the president issued an order modifying the application of Article 370 as it relates to references to the Indian Constitution and the government of Jammu and Kashmir.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    5/21/2020 Mohd.

    Maqbool Damnoo vs State Of Jammu And Kashmir on 5 January, 1972

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    Mohd. Maqbool Damnoo vs State Of Jammu And Kashmir on 5 January, 1972

    Showing the contexts in which article 370 appears in the document

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    (4) at any rate, the proviso is bad because it conflicts with s. 103 of the Constitution of
    Jammu & Kashmir;

    (5) that the detention order is bad because the detaining authority has not applied its mind;
    and (6) that the order of detention is bad because it was not served or executed in
    accordance with law.

    In support of his first contention the learned counsel urged that under Art. 370 of the Indian
    Constitution the only authority which is recognised as 'the Government of the State of Jammu &
    Kashmir is the Sadar-i-Riyasat, Article 370 contemplates that the Sadar-i-Riyasat would be the head of
    the- State of Jammu and Kashmir and the Jammu and Kashmir Assembly had no power to abolish the
    office of the Sadar-i- Riyasat. He further urged that s. 147 cf, the Constitution of Jammu and Kashmir
    also contemplates that the Sadar-i- Riyasat shall exist and 'be the head of the State. He urged that the
    only possible way of getting rid of the Sadar-i- Riyasat would be the amendment of the Constitution of
    India as applied to Jammu and Kashmir.

    Article 370 of the Constitution dealt with the relationship of the State of Jammu & Kashmir with the
    Union of India. Article 370 reads as follows :

    370. (1) Notwithstanding anything in this Constitution,-

    (a) the provision of 'article 238 shall not apply in relation to the State of Jammu and
    Kashmir;

    (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 by 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

    On November 15, 1952, the President made Order No. C.O. 44 to the following effect:

    "In exercise of the powers conferred by this article (art. 370) the President, an the
    recommendation of the Constituent Assembly of the 'State of Jammu and Kashmir,
    declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative
    with the modification that for the Explanation in cl. (1) thereof, the following Explanation
    is substituted, namely:-

    https://indiankanoon.org/docfragment/713534/?formInput=article 370 1/2


    5/21/2020 Mohd. Maqbool Damnoo vs State Of Jammu And Kashmir on 5 January, 1972

    (a) reference to this Constitution or to the provisions thereof shall be construed as


    references to the Constitution or the provisions thereof as applied in relation to the said
    State;

    (b) references to the Government of the said State shall be construed as including
    references to the Sadar i-Riyasat acting on the advice of his Council of Ministers......... "

    To art. 368 was added the following proviso: "Provided further that no such amendment
    shall have effect in relation to the State of Jammu and Kashmir unless applied by order of
    the President under clause (1) of article 370."

    https://indiankanoon.org/docfragment/713534/?formInput=article 370 2/2

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