Constitution of India

[f] Inserted by Constitution (Forty-second Amendment) Act, 1976, S. 55 (3-1-77).

[g] Substituted by the Constitution (One Hundred and First Amendment) Act, 2016, S. 15.
JAMMU AND KASHMIR
In its application to the State of Jammu and Kashmir, to Art. 368,—
(a) a proviso shall be added, namely :—
“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 Cl. (1) of Art. 370.”
(b) After Clause (3) of Article 368, the following clause shall be added, namely :—
“(4) 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 the Constitution of Jammu and Kashmir relating
to —
(a) appointment, powers, functions, duties, emoluments, allowances, privileges or
immunities of the Governor; or
(b) 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 Jammu and Kashmir,
shall have any effect unless such law has, after having been reserved for the consideration of
the President, received his assent.”
See Constitution (Application to J. and K.) Order, 1954, Para 2, sub-para (15).
PART XXI
TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS
PART XXI
a
[TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS]
[a] Substituted for “Temporary and Transitional Provisions” by the Constitution (Thirteenth Amendment) Act,
1962, S. 2(a)(w.e.f. 1-12-1963).
a
[371J. Special provisions with respect to State of Karnataka.— (1) The President may,
by order made with respect to the State of Karnataka, provide for any special responsibility of
the Governor for —
(a) establishment of a separate development board for Hyderabad-Karnataka region with the
provision that a report on the working of the board will be placed each year before the State
Legislative Assembly;
(b) equitable allocation of funds for developmental expenditure over the said region, subject
to the requirements of the State as a whole; and
(c) equitable opportunities and facilities for the people belonging to the said region, in
matters of public employment, education and vocational training, subject to the requirements
of the State as a whole.
(2) An order made under sub-clause (c) of clause (1) may provide for —
(a) reservation of a proportion of seats in educational and vocational training institutions in
the Hyderabad-Karnataka region for students who belong to that region by birth or by
domicile; and

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(b) identification of posts or classes of posts under the State Government and in any body or
organisation under the control of the State Government in the Hyderabad-Karnataka region
and reservation of a proportion of such posts for persons who belong to that region by birth or
by domicile and for appointment thereto by direct recruitment; or by promotion or in any
other manner as may be specified in the order.
[a] Inserted by the Constitution (Ninety-eighth Amendment) Act, 2012, S.2, (1-10-2013)
Art. 369. Temporary power to Parliament to make laws with respect to certain matters
in the State List as if they were matters in the Concurrent List.— Notwithstanding
anything in this Constitution, Parliament shall, during a period of five years from the
commencement of this Constitution, have power to make laws with respect to the following
matters as if they were enumerated in the Concurrent List, namely :—
(a) trade and commerce within a State in, and the production, supply and distribution of,
cotton and woolen textiles, raw cotton (including ginned cotton and unginned cotton or
kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oil seeds and
oil), cattle fodder (including oil-cakes and other concentrates) coal (including coke and
derivatives of coal), iron, steel and mica;
(b) offences against laws with respect to any of the matters mentioned in clause (a),
jurisdiction and powers of all Courts except the Supreme Court with respect to any of those
matters, and fees in respect of any of those matters but not including fees taken in any Court :
but any law made by Parliament, which Parliament would not but for the provisions of this
article have been competent to make, shall, to the extent of the incompetency, cease to have
effect on the expiration of the said period, except as respects things done or omitted to be
done before the expiration thereof.
JAMMU AND KASHMIR
In its application to the State of Jammu and Kashmir, Art. 369 shall be omitted — See
Constitution (Application to J. and K.) Order, 1954, Para 2, sub-para 16(a).
Art. 370. Temporary provisions with respect to the State of Jammu and Kashmir.— (1)
Notwithstanding anything in this Constitution,—
(a) the provisions 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
(ii) such other matters in the said Lists as, with the concurrence of the Government of the
State, the President may by order specify.
Explanation.— For the purposes of this article, the Government of the State means the
person for the time being recognised by the President as the Maharaja of Jammu and Kashmir
acting on the advice of the Council of Ministers for the time being in office under the
Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;

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(d) such of the other provisions of this Constitution shall apply in relation to that State
subject to such exceptions and modifications as the 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 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 Constituent Assembly for the purpose of framing the Constitution of the State is
convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions 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 modifications 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.
JAMMU AND KASHMIR
In exercise of powers conferred by Clause (3) of Art. 370, the President, on the
recommendation of the Constituent Assembly of the State of Jammu and Kashmir, is pleased
to declare that, as from the 17th day of November, 1952, the said Art. 370 shall be operative
with the modification that for the “Explanation” in Clause (1) thereof the following
Explanation is substituted, namely :—
“Explanation. — For the purposes of this Article the Government of the State means the
person for the time being recognised by the President on the recommendation of the
Legislative Assembly of the State as the Sadar-i-Riyasat of Jammu and Kashmir, acting on
the advice of the Council of Ministers of the State for the time being in office.” — See C.O.
44 published in Gaz. of Ind., 1952, Pt. II, S. 3, Ext., p. 916.
(a) Sub-sec. (3) of S. 2 of the Constitution of Jammu and Kashmir (as inserted by the J. and
K. Constitution (Sixth Amendment) Act, 1965, S. 3) runs as follows :
“(3) Any reference in this Constitution to the Sadar-i-Riyasat shall, unless the context
otherwise requires, be construed as a reference to the Governor.”
Section 27 of that Constitution as substituted by the said Amending Act, speaks of
appointment of a Governor by the President (of India) by warrant under his hand and seal.
[a] Part VII, which contained Art. 238, is now omitted by the Constitution (Seventh Amendment) Act, 1956.
a
[Art. 371. Special provision with respect to the States of b[* * *] Maharashtra and
Gujarat.— c[(l) * * * * * ]
(2) Notwithstanding anything in this Constitution, the President may, by order made with
respect to d[the State of Maharashtra or Gujarat,] provide for any special responsibility of the
Governor for—
(a) the establishment of separate development boards for Vidarbha, Marathwada, e[and the
rest of Maharashtra or, as the case may be,] Saurashtra, Kutch and the rest of Gujarat with the
provision that a report on the working of each of these boards will be placed each year before
the State Legislative Assembly;

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(b) the equitable allocation of funds for developmental expenditure over the said areas,
subject to the requirements of the State as a whole; and
(c) an equitable arrangement providing adequate facilities for technical education and
vocational training, and adequate opportunities for employment in services under the control
of the State Government, in respect of all the said areas, subject to the requirements of the
State as a whole.]
[a] Substituted for the original Art. 371 by the Constitution (Seventh Amendment) Act, 1956, S. 22 (1-11-1956).
[b] The words ‘or Punjab’ omitted by the Punjab Reorganisation Act, 1966 (31 of 1966), S. 26 (1-11-1966), and
words “Andhra Pradesh” omitted by Constitution (Thirty-second Amendment) Act, 1973, S. 2 (1-7-74).
[c] Cl. (1) omitted, ibid.
[d] Substituted for ‘the State of Bombay’ by the Bombay Reorganisation Act, 1960 (11 of 1960), S. 85(a)
(w.e.f.1-5-1960).
[e] Substituted for ‘the rest of Maharashtra’, by the Bombay Reorganisation Act, 1960 (11 of 1960), S. 85(b)(1-
5-1960).
OBJECTS AND REASONS
“It is proposed to replace Art. 371 by another article making a special provision with respect
to the States of Andhra Pradesh and Punjab. This article will enable the President to
constitute regional committees of the State Legislative Assembly and secure their proper
functioning by directing suitable notifications to be made in the rules of business of
Government and in the rules of procedure in the Assembly.”— S.O.R., Gaz. Ind., 1956, Pt. II,
S. 2, Ext., p. 221.
JAMMU AND KASHMIR
Article 371 shall be omitted— See Constitution (Application to J. and K.) Order, 1954, Para
2, sub-para (16)(a).
a
[Art. 371A. Special provision with respect to the State of Nagaland.— (1)
Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of—
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Naga
customary law,
(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland
unless the Legislative Assembly of Nagaland by a resolution so decides;
(b) the Governor of Nagaland shall have special responsibility with respect to law and order
in the State of Nagaland for solong as in his opinion internal disturbances occurring in the
Naga Hills-Tuensang Area immediately before the formation of that State continue therein or
in any part thereof and in the discharge of his functions in relation thereto the Governor shall,
after consulting the Council of Ministers, exercise his individual judgment as to the action to
be taken :
Provided that if any question arises whether any matter is or is not a matter as respects which
the Governor is under this sub clause required to act in the exercise of his individual
judgment, the decision of the Governor in his discretion shall be final, and the validity of
anything done by the Governor shall not be called in question on the ground that he ought or
ought not to have acted in the exercise of his individual judgment :

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Provided further that if the President on receipt of a report from the Governor or otherwise is
satisfied that it is no longer necessary for the Governor to have special responsibility with
respect to law and order in the State of Nagaland, he may by order direct that the Governor
shall cease to have such responsibility with effect from such date as may be specified in the
order;
(c) in making his recommendation with respect to any demand for a grant, the Governor of
Nagaland shall ensure that any money provided by the Government of India out of the
Consolidated Fund of India for any specific service or purpose is included in the demand for
a grant relating to that service or purpose and not in any other demand;
(d) as from such date as the Governor of Nagaland may by public notification in this behalf
specify, there shall be establisheda regional council for the Tuensang district consisting of
thirty-five members and the Governor shall in his discretion make rules providing for —
(i) the composition of the regional council and the manner in which the members of the
regional council shall be chosen :
Provided that the Deputy Commissioner of the Tuensang district shall be the Chairman ex
officio of the regional council and the Vice-Chairman of the regional council shall be elected
by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being, members of the regional council;
(iii) the term of office of, and the salaries and allowances, if any, to be paid to members of,
the regional council;
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and staff of the regional council and their conditions of
services; and
(vi) any other matter in respect of which it is necessary to make rules for the constitution and
proper functioning of the regional council.
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of
the formation of the State of Nagaland or for such further period as the Governor may, on the
recommendation of the regional council, by public notification specify in this behalf,—
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b) where any money is provided by the Government of India to the Government of
Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in
his discretion arrange for an equitable allocation of that money between the Tuensang district
and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to the Tuensang district unless the
Governor, on the recommendation of the regional council, by public notification so directs
and the Governor in giving such direction with respect to any such Act may direct that the
Act shall in its application to the Tuensang district or any part thereof have effect subject to
such exceptions or modifications as the Governor may specify on the recommendation of the
regional council :
Provided that any direction given under this sub-clause may be given so as to have
retrospective effect;
(d) the Governor may make regulations for the peace, progress and good Government of the
Tuensang district and any regulations so made may repeal or amend with retrospective effect,

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