Draft of a new Article 370

The Constitution (Application to Jammu and Kashmir) Order, 2009.

In exercise of the powers conferred by clauses (1) and (3) of Article 370 of the Constitution, and in supersession of all the previous orders made under Article 370, the President with the concurrence of the State of Jammu and Kashmir, is pleased to make the following order:-

1. This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 2009.

2. It shall come into force at once and shall thereupon supersede all the Orders made by the President under Article 370 (1).

3. Article 370 shall hereafter be operative as from the date of this order only with the exceptions and modifications as are specified herein below and not otherwise.

4. The provisions of Article 1 and of this Article shall apply in relation to that State.

5. The following other provisions of the Constitution shall apply in relation to that State subject to the exceptions and modifications specified herein below: . (to be negotiated).

5.1 Parliament shall have exclusive power to make laws for the said State with respect only to the matters enumerated in entries in List I in the Seventh Schedule (in this Constitution referred to as the Union List).

...... (to be negotiated).

5.2 The legislature of the State of Jammu and Kashmir shall have exclusive power to make laws with respect to all the other matters enumerated in the said Union List and the Concurrent and the State Lists in the Seventh Schedule.

6.1. An amendment to Article 370 shall be initiated either by a Bill for the purpose in either House of Parliament and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.

Provided that if such amendment seeks to make any change in any of the provisions of the Constitution specified in clauses 4 and 5 as applied to the State, the amendment shall also require to be ratified by each House of the Legislature of the State by resolutions to that effect passed by a total membership of that House and by a majority of not less than two-thirds members of that House present and voting before the Bill making provision for such amendment is presented to the President for assent. Provided further that any amendment of the Constitution which seeks to apply to the State of Jammu and Kashmir any provision of the Constitution other than the provisions applied under clauses 4 and 5 it shall be ratified by the State of Jammu and Kashmir only by a resolution passed as aforesaid by its Legislative Assembly first elected after the amendment is passed by Parliament as well as by its Legislative Council in each case by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of each House present and voting.

Provided further that no Bill seeking to make any change in this Article shall be introduced in either House of Parliament.

7. For the removal of House, it is hereby declared that clauses (1) and (3) of Article 370 shall cease to be operative and no orders shall be made by the President hereafter under the said clauses as from the date of this order.

8. The word temporary in the marginal note to Article 370 shall be deleted.