PART XXI
TEMPORARY AND TRANSITIONAL PROVISIONS
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.
[१]369. 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 newspant), foodstufis (including edible oilseeds 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.
Temporary provisions with respect to the State of Jammu and Kashmir.
[२]370. (I) 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
- ↑ Art. 369 shall not apply to the State of Jammu and Kashmir.
- ↑ In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, 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 cl. (I) 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."
- (Ministry of Law Order No. C. O. 44, dated the 15th November, 1952.)
