Jammu and Kashmir CM Office Contact Address, Phone Number, Email ID, Toll Free Helpline
Contact Number
Date: 08/30/2018
- State : Jammu and Kashmir
- City : Srinagar
Name : Jammu and Kashmir Chief Minister Office Contact Details (Toll Free Helpline Number / Customer Care Number)
Location : Srinagar, Jammu and Kashmir
Category : Offices, CM Offices, Government of Jammu and Kashmir
Jammu and Kashmir Chief Minister Office Address : Jammu and Kashmir CM Office, Civil Secretariat, Srinagar-180001, India
Jammu and Kashmir Chief Minister Office Phone Number : 191-2546766
Office Fax Number : 0191-2546466
eMail IDs : cmsect-jk@nic.in
Official Website : www.jkcmsecretariat.nic.in
Location : Srinagar, Jammu and Kashmir
Category : Offices, CM Offices, Government of Jammu and Kashmir
Jammu and Kashmir Chief Minister Office Address : Jammu and Kashmir CM Office, Civil Secretariat, Srinagar-180001, India
Jammu and Kashmir Chief Minister Office Phone Number : 191-2546766
Office Fax Number : 0191-2546466
eMail IDs : cmsect-jk@nic.in
Official Website : www.jkcmsecretariat.nic.in
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Article 370 of the Constitution of India by :
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370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Notwithstanding anything contained in this Constitution,—
(a) the provisions of article 238 shall not apply now 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 purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-riyqsat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(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 provision 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.
Firstly according to this article, except for defence, foreign affairs, finance and communications, Parliament needs the state government's concurrence for applying all other laws. Thus the state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Secondly Under Article 370, the Centre has no power to declare financial emergency under Article 360 in the state. It can declare emergency in the state only in case of war or external aggression. The Union government can therefore not declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
And therefore In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made a series of 50 orders, 3 in 1950, 1952 and 1954 respectively and other 47 Presidential orders have been issued between 11 February 1956 and 19 February 1994, making various other provisions of the Constitution of India applicable to Jammu and Kashmir. All these orders were issued with the 'concurrence of the Government of the State' without any Constituent Assembly.
Article 35 A is the result of the 1954 order.
Article 35 A is the result of the 1954 order. by :
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Article 35 A - (The Article doesn’t find mention in any of the bare text of Constitution published in INDIA, including the one kept in the Parliament)
Saving of laws with respect to permanent residents and their rights. — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State -
(a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or
(b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects—
(i) employment under the State Government;
(ii) acquisition of immovable property in the State;
(iii) settlement in the State; or
(iv) right to scholarships and such other forms of aid as the State Government may provide,
shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part."
So Firstly deciphering the provisions of Article 35A, it is clear that it gives special rights to the "permanent residents" of the state where it empowers the state legislature to define permanent residents and then give them special treatment, privileges and rights. This special treatment is with respect to 'employment with the state government, acquisition of immovable property in the state, settlement in the state, or right to scholarships and such other forms of aid as the state government may provide'.
Secondly flipping through the pages of constitutional history of India we find it intersting to note that this provision was enacted by a Presidential Order in 1954. Presidential Orders are issued with respect to the state of Jammu and Kashmir under Article 370, which is a temporary provision in the Constitution as discussed earlier.
Hope this clears the difference between them, also recently there have been various opinions and thoughts regarding necessity of these articles in todays’ time when “integration of Jammu and Kashmir fully into India” is one of the top priorities of the current government.
What is the difference between article 35A and article 370? by :
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Article 370 guarantees special status to J&K, restricting the central government’s power to only three subjects - defence, foreign affairs and communication.
Article 35A
Empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.
Added to the Constitution through a Presidential Order, i.e., The Constitution (Applications to Jammu & kashmir) Order, 1954 - issued by the President of India on 14 May 1954, "in exercise of the powers conferred by" clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir.
Article 370
Gives autonomous status to the state of Jammu and Kashmir.
The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions.
The State’s Constituent Assembly was empowered to recommend the articles of the Indian constitution to be applied to the state or to abrogate the Article 370 altogether. After the state Constituent Assembly dissolved itself without recommending abrogation, the Article 370 was deemed to have become a permanent feature of the Indian Constitution
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