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Chapter 90. Sections of The Constitution of Jammu and Kashmir (Indian Polity & Constitution Summary Laxmikanth)

Sections of The Constitution of Jammu and Kashmir

Preliminary
1. Short title and commencement
2. Definitions
The State
3. Relationship of the State with the Union of India
4. Territory of the State
5. Extent of executive and legislative power of the State
Permanent Residents
6. Permanent residents
7. Constitution of references to State Subjects in existing laws
8. Legislature to define permanent residents
9. Special provision for Bill relating to permanent residents
10. Rights of the permanent residents
Directive Principles of State Policy
11. Definition
12. Application of the principles contained in this part
13. State to establish a socialist order of society for the promotion of welfare of the people
14. Economy of the State to be developed in a planned manner
15. State to ensure speedy improvement in standard of living of rural masses
16. Organisation of village Panchayats
17. State to take certain steps for promoting crafts and cottage industries
18. Separation of judiciary from executive
19. Right to work and to public assistance in certain cases
20. Rights of free and compulsory education in certain cases
21. Rights of children
22. Rights of women
23. Protection of educational, material and cultural interests of socially and economically backward sections
24. Duty of the State to improve public health
25. Duty of the State to foster equality and secularism
Governor
26. Head of the State
27. Appointment of Governor
28. Term of office
29. Qualifications for appointment as Governor
30. Conditions of office
31. Oath of office
32. (Omitted)
33. Discharge of the functions of the Governor in certain contingencies
34. Power to grant pardons; reprieves, etc.
Ministers and Advocate General
35. Council of Ministers to aid and advise the Governor
36. Appointment of Ministers
37. Minister’s responsibility to the Legislature
38. Deputy Ministers
39. Tenure of office
40. Oath of office and secrecy
41. Salaries and allowances of Ministers and Deputy Ministers
42. Advocate General for the State
43. Rules of business
44. Duties of Chief Minister
45. Form of orders and instruments and their authentication
State Legislature
46. Legislature for the State
47. Composition of Legislative Assembly
48. Provision relating to Pakistan occupied territory
48A. Holding of general election in the event of earlier dissolution of Legislative Assembly
49. Reservation of seats for Scheduled Castes
50. Composition of Legislative Council
51. Qualification of membership of the Legislature
52. Duration of Legislature
53. Sessions of the Legislature, prorogation and dissolution
54. Right of Governor to address and send messages to the House or Houses
55. Special address by the Governor
56. Rights of Ministers and Advocate General as respects the Houses
57. The Speaker and Deputy Speaker of the Legislative Assembly
58. Vacation and resignation of, and removal from, the offices of the Speaker and Deputy Speaker
59. Power of the Deputy Speaker or ether person to perform the duties of the office of or to act as Speaker
60. The Speaker and the Deputy Speaker not to preside while a resolution for his removal from office is under consideration
61. The Chairman and Deputy Chairman of the Legislative Council
62. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and the Deputy Chairman
63. Secretariat of the Legislature
64. Oath or affirmation by members
65. Quorum
66. Power of Houses to act notwithstanding vacancies
67. Voting in the Houses
58. Vacation of sears
69. Disqualification for membership
70. Decision on questions as to disqualification of members
71. Penalty for sitting and voting before taking oath or affirmation when not qualified or when disqualified
72. Powers, privileges, etc. of the Houses of Legislature and of the members and committees thereof
73. Salaries and allowances of members
74. Provisions as to introduction and passing of Bills
75. Restriction on powers of Legislative Council as to Bills other than Money Bills
76. Special Procedure in respect of Money Bills
77. Definition of “Money Bills”
78. Assent to Bills
79. Annual Financial Statement
80. Procedure in Legislature with respect to estimates
81. Appropriation Bills
82. Supplementary, additional or excess grants
83. Votes on account, votes of credit and exceptional grants
84. Special provisions as to Financial Bills
85. Rules of procedure
86. Regulation by law of procedure in the Legislature in relation to financial business
87. Language to be used in the Legislature
88. Restriction on discussion in the Legislature
89. Courts not to inquire into proceedings of the Legislature
90. Requirements as to recommendations regarded as matters of procedure only
91. Power of Governor to promulgate ordinances during recess of Legislature
92. Provisions in case of failure of Constitutional machinery in the State
High Court
93. Constitution of High Court
94. High Court to be a Court of Record
95. Appointment and tenure of office of judges
96. Qualifications for appointment
97. Oath or affirmation by judges of the High Court
98. Salaries, etc. of judges
99. Resignation or removal of a Judge of High Court
100. Appointment of acting judges
100A. Appointment of additional and acting judges
100B. Appointment of retired judges at sitting of the High Court
101. Place of sitting of the Court
102. Saving of existing jurisdiction of the High Court
103. Power to issue certain writs
104. Superintendence and control of subordinate courts
105. Transfer of cases to High Court
106. [Omitted]
107. Seal of the High Court
108. Officers and servants of the High Court
Subordinate Courts
109. Appointment of District Judges
109A. Validation of postings and transfers of, and judgments, etc., delivered by certain District Judges
110. Recruitment of persons other than District Judges to the Judicial Service
111. Control over subordinate courts
112. Interpretation
113. Application of the provisions of this part to certain class or classes of Magistrates
Finance, Property and Contracts
114. Taxes not to be imposed save by authority of law
115. Consolidated Fund and Public Account
116. Contingency Fund
117. Expenditure defrayable by the State out of its revenues
118. Custody, etc. of Consolidated Fund, Contingency Fund and moneys credited to the public account
119. Custody of suitor’s deposit and other moneys received by public servants and courts.
120. Property accruing by escheat or lapse or as bona vacantia
121. Power to carry on trade, etc.
122. Contracts
123. Suits and proceedings
Public Services
124. Recruitment and conditions of service of persons serving the State
125. Tenure of office of persons serving the State
126. Dismissal, reduction or removal of persons employed in civil capacities under the State
127. Transitional provisions
Public Service Commission
128. Public Service Commission for the State
129. Appointment and term of office of members
130. Removal and suspension of a member of the Commission
131. Power to make regulations as to conditions of service of members and staff of the Commission
132. Prohibition as to the holding of offices by members of the Commission on ceasing to be such members
133. Functions of the Commission
134. Acting appointment of Chairman of the Commission
135. Power to extend functions of the Commission
136. Expenses of the Commission
137. Reports of the Commission
Elections
138. Superintendence, direction and control of elections
139. No person to be ineligible for inclusion in electoral roll on grounds of religion, race, castes or sex
140. Elections to the Legislative Assembly to be on the basis of adult suffrage
141. Power of Legislature to make provision with respect to elections to Legislature
142. Bar to interference by Courts in electoral matters
Miscellaneous Provisions
143. Protection of Governor
143A. Disqualification for appointment on remunerative political post
144. Flag of the State
145. Official language of the State
146. Academy for development of Art, Culture and Languages
Amendment of The Constitution
147. Amendment of the Constitution
Transitional Provisions
148. [Omitted]
149. [Omitted]
150. [Omitted]
151. [Omitted]
152. [Omitted]
153. Provisions as to Judges of High Court
154. Courts, authorities and officers to continue to function subject to the provisions of the Constitution
155. Moneys received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1957
156. Power of “Sadar-i-Riyasat” to remove difficulties
157. Repeal and saving of laws and rules
158. Interpretation

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