Notes:

• Emphasis added below

• Only some extracts are given below.

• Some comments/underscores inserted to highlight some key elements.

We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of accession of this State to India which took place on the twenty-sixth day of October, 1947, to further define the existing relationship of the State with the Union of India as an integral part thereof, and to secure to ourselves.

JUSTICE, social, economic and political; ...

Note:

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among us all;

FRATERNITY, assuring the dignity of the individual and the unity of the Nation;

SIGNIFICANCE OF November 17, 1956:

IN OUR CONSTITUENT ASSEMBLY This seventeenth day of November, 1956 do here by Adopt, Enact and Give to ourselves this constitution.

PART I

PRELIMINARY

1. (1) this Constitution may be called the Constitution of Jammu and Kashmir.

1. (2) This section and sections 2,3,4,5,6,7,8, and 158 shall come into force at once and the remaining provisions of this constitution shall come into force on the twenty-sixth day of January, 1957, which day is referred to in this Constitution as the commencement of this Constitution.

NOTE: Sections 1,2,3,4,5,6,7,8 & 158 came into effect on Nov.17, 1956

PART II

THE STATE

(3) The State of Jammu and Kashmir is and shall be an integral part of the Union of India.

(4) The territory of the State shall comprise all the territories which on the fifteenth day of August, 1947, were under the sovereignty or suzerainty of the Ruler of the State.

(5) The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India.

PART III

PERMANENT RESIDENTS

...... (defined) ........

On Human Rights:

19. The State shall, within the limits of its economic capacity and development, make effective provision for securing:

(a) that all permanent residents, man and women equally, have the right to work, that is, the right to receive guaranteed work with payment for labour in accordance with its quantity and quality subject to a basic minimum and maximum wage established by law;

20. The State shall endeavour:

(a) to secure to every permanent resident the right to free education upto the University standard;

(b) to provide, within a period often years from the commencement of this constitution, compulsory education for all children until they complete the age of fourteen years; and

(c) to ensure to all workers and employees adequate facilities for adult education and part time technical, professional and vocational courses.

22. The State shall endeavour to secure to all women:

(a) the right to equal pay for equal work;

(b) the right to maternity benefits as well as adequate medical care in all employments;

(c) the right reasonable maintenance, extending to cases of married women who have been divorced or abandoned;

(d) the right to full equality in all social, educational, political and legal matters; and

(e) special protection against discourtesy, defamation, hoolganism and other forms of misconduct.

23. The State shall guarantee to the socially and educationally backward sections of the people special care in the promotion of their educational, material and cultural interests and protection against social injustice.

On communalism and secularism:

25. The State shall combat ignorance, superstition, fanaticism, communialism, racialism, cultural backwardness and shall seek to foster brotherhood and equality among all communities under the aegis of a secular State.

On conditions for Amendments to the J&K Constitution:

PART XII

AMENDMENTS OF THE CONSTITUTION

147. An amendment of this constitution may be initiated only by the introduction of a Bill for the purpose in the Legislative Assembly and when the Bill is passed in each House by a majority of not less than two-thirds of the total membership of at the House, it shall be presented to the Sadar-i-Riyasat (now called ‘Governor’ since J&K assembly renamed this office in 1965) for his assent and, upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill:

Provided that a Bill providing for the abolition of the Legislative Council may be introduced in the Legislative Assembly and passed by it majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting:

Elements in the J&K constitution which the constitution does not permit amendment to:

Provided further that no Bill or amendment seeking to make any change in:

(a) this section;

(b) the provisions of the sections 3 and 5; or

(c) the provisions of the constitution of India as applicable in relation to the State; shall be introduced or moved in either house of the Legislature.

NOTE:

The above elements of the constitution of the State of Jammu and Kashmir is an unambiguous expression of the ‘self-determination’ of the people of Jammu and Kashmir, expressed by duly elected representatives of the people. It categorically rules out any change in the status "The State of Jammu and Kashmir is and shall be an integral part of the Union of India."

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