26113 HAPPY CONSTITUTION SATURDAY LESSON 815 -OVERVIEW
CONVERGING TECHNOLOGIES FOR IMPROVING HUMAN PERFORMANCE:3. Vision for Enhancing Human Abilities and Societal Performance
(To Be Continued)
THE CONSTITUTION OF INDIA (Full Text) APPENDIX I (to be continued)
from FREE ONLINE eNālāndā Research and
Practice UNIVERSITY through http://sarvajan.ambedkar.org
Bio, Nano Technology
Intellectuals of Awakened Ones With Awareness met on
26-01-2013 ( at CHANCERY HOTEL,Levelle Road at10AM in Bengaluru. Mr.
Hanumanthraya welcomed the gathering. Professor Dr. V. Shanmugam, Bulla Subba Rao IAS anmd Jayaprakhash spoke on the occassion.
Mr. Jagadish
K, Ms Chandan Patil, Ms Mayuri, Mr. Harshith.Mr. Praful Bagath,
Mr.Ritesh Manwatkar, Mr. Puttaraju, Mr. Padmanabagaru, Dr.KumaraswamyMs
SeenaWankade and others participated in the delibrations.
3. Vision for Enhancing Human Abilities and Societal Performance
Despite moments of insight and even genius, the human mind often seems to fall far below its full potential. The level of human thought varies greatly in awareness, efficiency, cr eativity, an d ac curacy. O ur p hysical a nd sen sory cap abilities ar e limited a nd s usceptible to rapid deterior ation in accidents or dis ease a nd g radual degradation t hrough a ging (Stern a nd C arstensen 2000). A ll t oo of ten we communicate poorly with each other, and groups fail to achieve their desired goals. Our to ols ar e d ifficult to h andle, r ather th an b eing natural ex tensions o f o ur capabilities. In the coming decades, however, converging technologies promise to increase significantly o ur l evel o f understanding, t ransform human sensory a nd physical cap abilities, an d improve in teractions b etween mind an d tool, in dividual and team. This report addresses key issues concerning how to reach these goals.
Each scientific and engineering field has much to contribute to enhancing human abilities, to so lving t he p ressing p roblems faced b y o ur so ciety i n th e t wenty-first century, and to expanding human knowledge about our species and the world we inhabit; b ut co mbined, th eir potential co ntribution is vast. Fo llowing ar e twenty ways the workshop determined that convergent technologies could benefit humanity in a time frame of 10 to 20 years. Each of these scenarios are presented in detail in the body of the report:
Overview
5
• Fast, broadban d i nterfaces di rectly bet ween t he hum an brai n a nd machines will tr ansform work in factories, co ntrol au tomobiles, en sure military superiority, a nd e nable n ew s ports, art forms an d modes of interaction between people.
• Comfortable, wearable s ensors an d co mputers will enh ance ev ery pers on’s awareness o f his o r h er h ealth co ndition, en vironment, ch emical p ollutants, potential hazards, an d i nformation of in terest abou t local businesses, natural resources, and the like.
• Robots and software agents will be far more useful for human beings, because they will operate on principles compatible with human goals, awareness, and personality.
• People from all b ackgrounds and of all r anges of ability will learn valuable new knowledge and skills more reliably and quickly, whether in school, on the job, or at home.
• Individuals a nd t eams will be abl e t o co mmunicate a nd co operate prof itably across tr aditional b arriers o f cu lture, lan guage, d istance, an d p rofessional specialization, t hus greatly in creasing t he eff ectiveness of groups, organizations, and multinational partnerships.
• The h uman b ody will b e more d urable, h ealthier, more e nergetic, ea sier to repair, and more resistant to many kinds of stress, biological threats, and aging processes.
• Machines an d str uctures o f all k inds, from h omes to air craft, will b e constructed of materials that have exactly the desired properties, including the ability to ad apt to ch anging situations, h igh e nergy ef ficiency, an d environmental friendliness.
• A co mbination of technologies an d treat ments will co mpensate for many physical and mental disabilities and will eradicate altogether some handicaps that have plagued the lives of millions of people.
• National security will be greatly strengthened by lightweight, information-rich war fighting s ystems, capabl e u ninhabited co mbat v ehicles, adaptable s mart materials, invulnerable data networks, superior intelligence-gathering systems, and effective measures against biological, chemical, radiological, and nuclear attacks.
• Anywhere in t he world, an in dividual will h ave instantaneous acces s to needed information, whether practical or scientific in nature, in a form tailored for most effective use by the particular individual.
• Engineers, ar tists, ar chitects, an d d esigners will ex perience tr emendously expanded creati ve abilitie s, both with a v ariety o f n ew tools an d through improved understanding of the wellsprings of human creativity.
• The ability to control the genetics of humans, animals, and agricultural plants will greatly benefit human welfare; widespread consensus about ethical, legal, and moral issues will be built in the process.
Converging Technologies for Improving Human Performance
6
Overview
• The vast promise of outer space will finally be realized by means of efficient launch vehicles, r obotic c onstruction o f e xtraterrestrial b ases, a nd p rofitable exploitation of t he res ources of t he Moon , Mars , or n ear-Earth approach ing asteroids.
• New o rganizational st ructures a nd management p rinciples b ased o n fa st, reliable co mmunication o f needed in formation will vastly in crease th e effectiveness of administrators in business, education, and government.
• Average p ersons, as well a s p olicymakers, will h ave a v astly i mproved awareness of the cognitive, social, and biological forces operating their lives, enabling far better adjustment, creativity, and daily decision making.
• Factories o f to morrow will b e o rganized ar ound co nverging tech nologies an d increased h uman-machine c apabilities as “intelligent e nvironments” t hat achieve the maximum benefits of both mass production and custom design.
• Agriculture a nd th e food indu stry will greatly increase yields a nd redu ce spoilage through networks of cheap, smart sensors that constantly monitor the condition and needs of plants, animals, and farm products.
• Transportation will b e saf e, ch eap, an d f ast, d ue to u biquitous r ealtime information systems, extremely high-efficiency vehicle designs, and the use of synthetic materials and machines fabricated from the nanoscale for optimum performance.
• The work o f scie ntists will b e r evolutionized b y i mporting ap proaches pioneered i n ot her sciences, f or e xample, genetic re search e mploying principles from natural language processing and cultural research employing principles from genetics.
• Formal edu cation will be tra nsformed b y a unified b ut d iverse c urriculum based on a co mprehensive, h ierarchical i ntellectual paradigm for understanding the arc hitecture of th e phy sical world from t he n anoscale through the cosmic scale.
If we make t he correct decis ions a nd inv estments toda y, any o f t hese visions could be ach ieved within 20 years’ t ime. Mov ing f orward s imultaneously al ong many of these paths could achieve a golden age that would be a tu rning point for humanproductivityandqualityoflife. Technologicalconvergencecouldbecome the framework for human c onvergence (O strum et al . 2002). The t wenty-first century cou ld en d in world peace, u niversal pros perity, and ev olution to a h igher level of compassion and accomplishment. It is hard to find the right metaphor to see a century into the future, but it may be that humanity would become like a si ngle, distributed and interconnected “brain” based in new core pathways of society. This will be an enhancement to the productivity and independence of individuals, giving them greater opportunities to achieve personal goals.
7
Table 1 s hows a s implified f ramework for cl assifying i mproving human performance areas a s t hey re late to an i ndividual (s ee al so Spoh rer 200 2, in th is volume).
Table 1. Main improvement areas relative to an individual
Converging Technologies for Improving Human Performance

Relative position



Improvement area


External ( outside the bo dy), environmental
• New pr oducts: m aterials, de vices a nd sy stems, agriculture and food
• New agen ts: so cietal ch anges, o rganizations, robots, chat-bots, animals
• New mediators: stationary tools and artifacts
• Newplaces:real,virtual,mixed
External, collective

• Enhanced group interaction and creativity • Unifying science education and learning
External, personal


• New mediators: mobile/wearable tools and artifacts
Internal (i nside t he b ody), temporary

• New ingestible medicines, food
Internal, permanent

• New organs: new sensors and effectors, implantables
• New s kills: c onverging te chnologies, new us es of old
sensors and effectors
• New genes: new genetics, cells

4. Strategies for Transformation
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
APPENDIX I
1THE CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER, 1954
C.O. 48
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, is pleased to make the following Order:—
1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 1954.
(2) It shall come into force on the fourteenth day of May, 1954, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1950.
2. 2[The provisions of the Constitution as in force on the 20th day of June, 1964 and as amended by the Constitution (Nineteenth Amendment) Act, 1966, the Constitution (Twenty-first Amendment) Act, 1967, section 5 of the Constitution (Twenty-third Amendment) Act, 1969, the Constitution (Twenty- fourth Amendment) Act, 1971, section 2 of the Constitution (Twenty-fifth Amendment) Act, 1971, the Constitution (Twenty-sixth Amendment) Act, 1971, the Constitution (Thirtieth Amendment) Act, 1972, section 2 of the Constitution (Thirty-first Amendment) Act, 1973, section 2 of the Constitution (Thirty-third Amendment) Act, 1974, sections 2, 5, 6 and 7 of the Constitution (Thirty- eighth Amendment) Act, 1975, the Constitution (Thirty-ninth Amendment) Act, 1975, the Constitution (Fortieth Amendment) Act, 1976, sections 2, 3 and 6 of the Constitution (Fifty-second Amendment) Act, 1985 and the Constitution (Sixty-first Amendment) Act, 1988 which, in addition to article 1 and article 370, shall apply in relation to the State of Jammu and Kashmir and the exceptions and modifications subject to which they shall so apply shall be as follows:—]
(1) THE PREAMBLE.
(2) PART I.
To article 3, there shall be added the following further proviso, namely:—
“Provided further that no Bill providing for increasing or diminishing the area of the State of Jammu and Kashmir or altering the name or
1Published with the Ministry of Law Notification No. S.R.O. 1610, dated the 14th May, 1954, Gazette of India, Extraordinary, Part II, section 3, page 821.
2The opening words have been successively amended by C.O. 56, C.O. 74, C.O.76, C.O.79, C.O. 89, C.O.91, C.O.94, C.O.98, C.O.103, C.O.104, C.O.105, C.O.108, C.O.136 and C.O. 141 to read as above.
(Appendix I)
boundary of that State shall be introduced in Parliament without the consent of the Legislature of that State.”.
(3) PART II.
(a) This Part shall be deemed to have been applicable in relation to the State of Jammu and Kashmir as from the 26th day of January, 1950.
(b) To article 7, there shall be added the following further proviso, namely:—
“Provided further that nothing in this article shall apply to a permanent resident of the State of Jammu and Kashmir, who, after having so migrated to the territory now included in Pakistan, returns to the territory of that State under a permit for resettlement in that State or permanent return issued by or under the authority of any law made by the Legislature of that State, and every such person shall be deemed to be a citizen of India.”.
(4) PART III.
(a) In article 13, references to the commencement of the Constitution shall be construed as references to the commencement of this Order.
1* * * * *
(c) In clause (3) of article 16, the reference to the State shall be construed as not including a reference to the State of Jammu and Kashmir.
(d) In article 19, for a period of 2[3[twenty-five] years] from the commencement of this Order:—
(i) in clauses (3) and (4), after the words “in the interests of”, the words “the security of the State or” shall be inserted;
(ii) in clause (5), for the words “or for the protection of the interests of any Scheduled Tribes”, the words “or in the interests of the security of the State” shall be substituted; and
(iii) the following new clause shall be added, namely:—
‘(7) The words “reasonable restrictions” occurring in clauses (2), (3), (4) and (5) shall be construed as meaning such restrictions as the appropriate Legislature deems reasonable.’.
1Cl. (b) omitted by C.O. 124. 2Subs. by C.O. 69, for “ten years”. 3Subs. by C.O. 97, for “twenty”.
THE CONSTITUTION OF INDIA 359
(Appendix I)
(e) In clauses (4) and (7) of article 22, for the word “Parliament”, the
words “the Legislature of the State” shall be substituted.
(f) In article 31, clauses (3), (4) and (6) shall be omitted; and for clause (5), there shall be substituted the following clause, namely:—
“(5) Nothing in clause (2) shall affect—
(a) the provisions of any existing law; or
(b) the provisions of any law which the State may hereafter make—
(i) for the purpose of imposing or levying any tax or penalty; or
(ii) for the promotion of public health or the prevention of danger to life or property; or
(iii) with respect to property declared by law to be evacuee property.”.
(g) In article 31A, the proviso to clause (1) shall be omitted; and for sub- clause (a) of clause (2), the following sub-clause shall be substituted, namely:—
‘(a) “estate” shall mean land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes—
(i) sites of buildings and other structures on such land; (ii) trees standing on such land;
(iii) forest land and wooded waste;
(iv) area covered by or fields floating over water;
(v) sites of jandars and gharats;
(vi) any jagir, inam, muafi or mukarrari or other similar grant, but
does not include—
(i) the site of any building in any town, or town area or village
abadi or any land appurtenant to any such building or site;
(ii) any land which is occupied as the site of a town or village;
or
360
THE CONSTITUTION OF INDIA
(Appendix I)
(iii) any land reserved for building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned.’.
1[(h) In article 32, clause (3) shall be omitted.] (i) In article 35—
(i) references to the commencement of the Constitution shall be construed as references to the commencement of this Order;
(ii) in clause (a) (i), the words, brackets and figures “clause (3) of article 16, clause (3) of article 32” shall be omitted; and
(iii) after clause (b), the following clause shall be added, namely:—
“(c) no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is inconsistent with any of the provisions of this part, but any such law shall, to the extent of such inconsistency, cease to have effect on the expiration of 2[3[twenty-five] years] from the commencement of the said Order, except as respects things done or omitted to be done before the expiration thereof.”.
(j) After article 35, the following new article shall be added, namely:—
“35A. 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;
1Subs. by C.O. 89, for cl. (h). 2Subs. by C.O. 69, for “ten years”. 3Subs. by C.O. 97, for “twenty”.

THE CONSTITUTION OF INDIA 361
(Appendix I)
(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.”.
(5) PART V.
1[(a) For the purposes of article 55, the population of the State of Jammu and Kashmir shall be deemed to be sixty-three lakhs.
(b) In article 81, for clauses (2) and (3), the following clauses shall be substituted, namely:—
“(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to the State six seats in the House of the
People;
(b) the State shall be divided into single member territorial constituencies by the Delimitation Commission constituted under the Delimitation Act, 1972, in accordance with such procedure as the Commission may deem fit;
(c) the constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; and
(d) the constituencies into which the State is divided shall not comprise the area under the occupation of Pakistan.
(3) Nothing in clause (2) shall affect the representation of the State in the House of the People until the dissolution of the House existing on the date of publication in the Gazette of India of the final order or orders of the Delimitation Commission relating to the delimitation of parliamentary constituencies under the Delimitation Act, 1972.

1Subs. by C.O. 98, for cls. (a) and (b).
362
THE CONSTITUTION OF INDIA
(Appendix I)
(4) (a) The Delimitation Commission shall associate with itself for the purpose of assisting it in its duties in respect of the State, five persons who shall be members of the House of the People representing the State.
(b) The persons to be so associated from the State shall be nominated by the Speaker of the House of the People having due regard to the composition of the House.
(c) The first nominations to be made under sub-clause (b) shall be made by the Speaker of the House of the People within two months from the commencement of the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1974.
(d) None of the associate members shall have a right to vote or to sign any decision of the Delimitation Commission.
(e) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled as soon as may be practicable by the Speaker of the House of the People and in accordance with the provisions of sub- clauses (a) and (b).”].
1[(c) In article 133, after clause (1), the following clause shall be inserted, namely:—
‘(1A) The provisions of section 3 of the Constitution (Thirtieth Amendment) Act, 1972, shall apply in relation to the State of Jammu and Kashmir subject to the modification that references therein to “this Act”, “the commencement of this Act”, “this Act had not been passed” and “as amended by this Act” shall be construed respectively as references to “the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1974”, “the commencement of the said Order”, “the said Order had not been made” and “as it stands after the commencement of the said Order’’.’].
2[(d)] In article 134, clause (2), after the words “Parliament may”, the words “on the request of the Legislature of the State” shall be inserted.
2[(e)] Articles 135, 3*** and 139 shall be omitted.
4* * * * *
1Ins. by C.O. 98.
2Cls. (c) and (d) relettered as cls. (d) and (e), ibid. 3The figures “136” omitted by C.O. 60.
4Cls. (f) and (g) omitted by C.O. 56.

1[(5A) PART VI.
THE CONSTITUTION OF INDIA 363
(Appendix I)
2[(a) Articles 153 to 217, article 219, article 221, articles 223, 224, 224A and 225 and articles 227 to 237 shall be omitted.]
(b) In article 220, references to the commencement of the Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Amendment Order, 1960.
3[(c) In article 222, after clause (1), the following new clause shall be inserted, namely:—
“(1A) Every such transfer from the High Court of Jammu and Kashmir or to that High Court shall be made after consultation with the Governor.”.]]
(6) PART XI.
4[(a) In article 246, for the words, brackets and figures “clauses (2) and (3)” occurring in clause (1), the word, brackets and figure “clause (2)” shall be substituted, and the words, brackets and figure “Notwithstanding anything in clause (3),” occurring in clause (2) and the whole of clauses (3) and (4) shall be omitted.]
5[6[(b) For article 248, the following article shall be substituted, namely:— “248. Residuary powers of legislation.—Parliament has exclusive
power to make any law with respect to—
7[(a) prevention of activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;]
8[(aa)]9[prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial
1Ins. by C.O. 60 (w.e.f. 26-1-1960).
2Subs. by C.O. 89, for cl. (a).
3Subs. by C.O. 74, for cl. (c) (w.e.f. 24-11-1965). 4Subs. by C.O. 66, for cl. (a).
5Cls. (b) and (bb) subs. by C.O. 85, for original cl. (b). 6Subs. by C.O. 93, for cl. (b).
7Ins. by C.O. 122.
8Cl. (a) relettered as cl. (aa), ibid.
9Subs., ibid., for “prevention of activities”.

364
THE CONSTITUTION OF INDIA
(Appendix I)
integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution; and
(b) taxes on—
(i) foreign travel by sea or air;
(ii) inland air travel;
(iii) postal articles, including money orders, phonograms and telegrams.”.
1[Explanation.—In this article, “terrorist act” means any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature.]
2[(bb) In article 249, in clause (1), for the words “any matter enumerated in the State List specified in the resolution”, the words “any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List” shall be substituted.]]
(c) In article 250, for the words “to any of the matters enumerated in the State List”, the words “also to matters not enumerated in the Union List” shall be substituted.
3* * * * *
(e) To article 253, the following proviso shall be added, namely:—
“Provided that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.”.
4* * * * *
5[(f)] Article 255 shall be omitted.
5[(g)] Article 256 shall be re-numbered as clause (1) of that article, and the following new clause shall be added thereto, namely:—
1Ins. by C.O. 122.
2Subs. by C.O. 129, for cl. (bb).
3Cl. (d) omitted, ibid.
4Cl. (f) omitted by C.O. 66.
5Cls. (g) and (h) relettered as cls. (f) and (g), ibid.

THE CONSTITUTION OF INDIA 365
(Appendix I)
“(2) The State of Jammu and Kashmir shall so execise its executive power as to facilitate the discharge by the Union of its duties and responsibilities under the Constitution in relation to that State; and in particular, the said State shall, if so required by the Union, acquire or requisition property on behalf and at the expense of the Union, or if the property belongs to the State, transfer it to the Union on such terms as may be agreed, or in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India.”.
1* * * * *
2[(h)] In clause (2) of article 261, the words “made by Parliament” shall be omitted.
(7) PART XII.
3* * * * *
4[(a)] Clause (2) of article 267, article 273, clause (2) of article 283 5[and article 290] shall be omitted.
4[(b)] In articles 266, 282, 284, 298, 299 and 300, references to the State or States shall be construed as not including references to the State of Jammu and Kashmir.
4[(c)] In articles 277 and 295, references to the commencement of the Constitution shall be construed as references to the commencement of this order.
(8) PART XIII.
6*** In clause (1) of article 303, the words “by virtue of any entry relating to trade and commerce in any of the Lists in the Seventh Schedule” shall be omitted.
6* * * * * (9) PART XIV.
7[In article 312, after the words “the States”, the brackets and words “(including the State of Jammu and Kashmir)” shall be inserted.]
1Cl. (i) omitted by C.O. 56.
2Cl. (j) relettered as cl. (i) by C.O. 56 and again relettered as cl. (h) by C.O. 66.
3Cls. (a) and (b) inserted by C.O. 55 have been omitted by C.O. 56.
4Cls. (a), (b) and (c) [relettered as cls. (c), (d) and (e) respectively by C.O. 55] have again been relettered as cls. (a), (b) and (c) respectively by C.O. 56.
5Subs. by C.O. 94, for “articles 290 and 291”.
6Brackets and letter ‘(a)’ and cl. (b) omitted by C.O. 56. 7Subs., ibid., for the previous modification.

366 THE CONSTITUTION OF INDIA
1[(10) PART XV.
(Appendix I)
(a) In clause (1) of article 324, the reference to the Constitution shall, in relation to elections to either House of the Legislature of Jammu and Kashmir, be construed as a reference to the Constitution of Jammu and Kashmir.
2[(b) In articles 325, 326, 327 and 329, the reference to a State shall be construed as not including a reference to the State of Jammu and Kashmir.
(c) Article 328 shall be omitted.
(d) In article 329, the words and figures “or article 328” shall be omitted.]] 3[(e) In article 329A, clauses (4) and (5) shall be omitted.
(11) PART XVI.
4* * * * *
5[(a)] Articles 331, 332, 333, 6[336 and 337] shall be omitted.
5[(b)] In articles 334 and 335, references to the State or the States shall be construed as not including references to the State of Jammu and Kashmir.
7[(c) In clause (1) of article 339, the words “the administration of the Scheduled Areas and” shall be omitted.]
(12) PART XVII.
The provisions of the Part shall apply only in so far as they relate to—
(i) the official language of the Union;
(ii) the official language for communication between one State
and another, or between a State and the Union; and
(iii) the language of the proceedings in the Supreme Court.
1Subs. by C.O. 60, for sub-paragraph (10) (w.e.f. 26-1-1960). 2Subs. by C.O. 75 for cls. (b) and (c).
3Ins. by C.O. 105.
4Cl. (a) omitted by C.O. 124.
5CIs. (b) and (c) relettered as cls. (a) and (b), ibid. 6Subs., ibid., for “336, 337, 339 and 342”.
7Ins., ibid.

THE CONSTITUTION OF INDIA 367
(Appendix I)
(13) PART XVIII.
(a) To article 352, the following new clause shall be added, namely:—
“1[(6)] No Proclamation of Emergency made on grounds only of internal disturbance or imminent danger thereof shall have effect in relation to the State of Jammu and Kashmir (except as respects article 354) 2[unless—
(a) it is made at the request or with the concurrence of the Government of that State, or
(b) where it has not been so made, it is applied subsequently by the President to that State at the request or with the concurrence of the Government of that State.]”.
3[(b) In clause (1) of article 356, references to provisions or provision of this Constitution shall, in relation to the State of Jammu and Kashmir, be construed as including references to provisions or provision of the Constitution of Jammu and Kashmir.
4[(bb) In clause (4) of the article 356, after the second proviso, the following proviso shall be inserted, namely:—
‘Provided also that in the case of the Proclamation issued under clause (1) on the 18th day of July, 1990 with respect to the State of Jammu and Kashmir, the reference in the first proviso to this clause to “three years” shall be construed as a reference to 5[“seven years”] ’.]
(c) Article 360 shall be omitted.]
(14) PART XIX.
6* * * * * 7[(a)] 8[Article 365] shall be omitted.
9* * * * *
1Subs. by C.O. 104, for “(4)”.
2Subs. by C.O. 100, for certain words.
3Subs. by C.O. 71, for cl. (b).
4Added by C.O. 151.
5Subs. by C.O. 162 for “six years”.
6Cl. (a) omitted by C.O. 74.
7Cls. (b) and (c) relettered as cls. (a) and (b), ibid. 8Subs. by C.O. 94, for “Articles 362 and 365”. 9Original cl. (c) omitted by C.O. 56.

368 THE CONSTITUTION OF INDIA
(Appendix I)
1[(b)] To article 367, there shall be added the following clause, namely:—
“(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir—
(a) references to this Constitution or to the provisions thereof shall be construed as references to the Constitution or the provisions thereof as applied in relation to the said State;
2[(aa) references to 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, shall be construed as references to the Governor of Jammu and Kashmir;
(b) references to the Government of the said State shall be construed as including references to the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers:
Provided that in respect of any period prior to the 10th day of April, 1965, such references shall be construed as including references to the Sadar-i-Riyasat acting on the advice of his Council of Ministers;]
(c) references to a High Court shall include references to the High Court of Jammu and Kashmir;
3* * * * *
4[(d)] references to the permanent residents of the said State shall be construed as meaning persons who, before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 were recognised as State subjects under the laws in force in the State or who are recognised by any law made by the Legislature of the State as permanent residents of the State; and
5[(e) references to a Governor shall include references to the Governor of Jammu and Kashmir:
1Cls. (b) and (c) relettered as cls. (a) and (b) by C.O. 74. 2Subs. ibid., for cl. (b).
3Cl. (d) omitted by C.O. 56.
4Cl. (e) relettered as cl. (d), ibid.
5Subs. by C.O. 74, for cl. (e).

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Provided that in respect of any period prior to the 10th day of April, 1965, such references shall be construed as references to the person recognised by the President as the Sadar-i-Riyasat of Jammu and Kashmir and as including references to any person recognised by the President as being competent to exercise the powers of the Sadar-i- Riyasat.]”.
(15) PART XX.
1[(a)] 2[To clause (2) of article 368], the following proviso shall be added, namely:—
“Provided further that no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under clause (1) of article 370.”.
3[(b) After clause (3) of article 368, the following clause shall be added, namely:—
“(4) No law made by the Legislature of the State of Jammu and Kashmir seeking to make any change in or in the effect of any provision of the Constitution of Jammu and Kashmir relating to—
(a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the Governor; or
(b) superintendence, direction and control of elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council, being matters specified in sections 138, 139, 140 and 50 of the Constitution of Jammu and Kashmir,
shall have any effect unless such law has, after having been reserved for the consideration of the President, received his assent.”.]
(16) PART XXI.
(a) Articles 369, 371, 4[371A], 5[372A], 373, clauses (1), (2), (3) and (5) of article 374 and 6[articles 376 to 378A and 392] shall be omitted.
1Numbered as cl. (a) by C.O. 101. 2Subs. by C.O. 91, for “To article 368”. 3Ins. by C.O. 101.
4Ins. by C.O. 74.
5Ins. by C.O. 56.
6Subs. ibid., for “articles 376 to 392”.

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(b) In article 372—
(i) clauses (2) and (3) shall be omitted;
(ii) references to the laws in force in the territory of India shall include references to hidayats, ailans, ishtihars, circulars, robkars, irshads, yadashts, State Council Resolutions, Resolutions of the Constituent Assembly, and other instruments having the force of law in the territory of the State of Jammu and Kashmir; and
(iii) references to the commencement of the Constitution shall be construed as references to the commencement of this Order.
(c) In clause (4) of article 374, the reference to the authority functioning as the Privy Council of a State shall be construed as a reference to the Advisory Board constituted under the Jammu and Kashmir Constitution Act, 1996 and references to the commencement of the Constitution shall be construed as references to the commencement of this Order.
(17) PART XXII.
Articles 394 and 395 shall be omitted.
(18) FIRST SCHEDULE.
(19) SECOND SCHEDULE.
1* * * * * (20) THIRD SCHEDULE.
Forms V, VI, VII and VIII shall be omitted. (21) FOURTH SCHEDULE.
2[(22) SEVENTH SCHEDULE.
(a) In the Union List—
(i) for entry 3, the entry “3. Administration of cantonments.” shall
be substituted;
3[(ii) entries 8, 9 4[and 34], 5*** entry 79, and the words “Inter-State migration” in entry 81 shall be omitted;]
1Modification relating to paragraph 6 omitted by C.O. 56. 2Subs. by C.O. 66, for sub-paragraph (22).
3Subs. by C.O. 85, for item (ii).
4Subs. by C.O. 92, for “34 and 60”.
5The words and figures ‘the words “and records” in the entry 67’ omitted by C.O. 95.

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1* * * * * 2[(iii) in entry 72, the reference to the States shall be construed,—
(a) in relation to appeals to the Supreme Court from any decision or order of the High Court of the State of Jammu and Kashmir made in an election petition whereby an election to either House of the Legislature of that State has been called in question, as including a reference to the State of Jammu and Kashmir;
(b) in relation to other matters, as not including a reference to that State]; 3[and]
4[(iv) for entry 97, the following entry shall be substituted, namely:— “5[97. Prevention of activities—
(a) involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people;
(b) directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution,
taxes on foreign travel by sea or air, on inland air travel and on postal articles, including money orders, phonograms and telegrams.
Explanation.—In this entry, “terrorist act” has the same meaning as in the Explanation to article 248.]”.]
(b) The State List shall be omitted.
1Original item (iii) omitted by C.O. 74. 2Subs. by C.O. 83, for item (iii).
3Ins. by C.O. 85.
4Subs. by C.O. 93, for item (iv).
5Subs. by C.O. 122, for entry 97.

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1[(c) In the Concurrent List—
2[(i) for entry 1, the following entry shall be substituted, namely:—
“1. Criminal law (excluding offences against laws with respect to any of the matters specified in List I and excluding the use of naval, military or air forces or any other armed forces of the Union in aid of the civil power) in so far as such criminal law relates to offences against laws with respect to any of the matters specified in this List.”];
3[4[(ia) for entry 2, the following entry shall be substituted, namely:—
“2. Criminal procedure (including prevention of offences and constitution and organisation of criminal courts, except the Supreme Court and the High Court) in so far as it relates to,—
(i) offences against laws with respect to any matters being matters with respect to which Parliament has power to make laws; and
(ii) administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country.”;
(ib) for entry 12, the following entry shall be substituted, namely:— “12. Evidence and oaths in so far as they relate to,—
(i) administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country; and
(ii) any other matters being matters with respect to which Parliament has power to make laws.”;
(ic) for entry 13, the entry “13. Civil procedure in so far as it relates to administration of oaths and taking of affidavits by diplomatic and consular officers in any foreign country.” shall be substituted;
5* * * * *
1Subs. by C.O. 69, for cl. (c).
2Subs. by C.O. 70, for item (i).
3Ins. by C.O. 94.
4Subs. by C.O. 122, for sub-clauses (ia) and (ib). 5Items (ii) and (iii) omitted by C.O. 74.

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1[2[(ii)] for entry 30, the entry “30. Vital statistics in so far as they relate to births and deaths including registration of births and deaths.” shall be substituted;]
3* * * * *
4[(iii) entry 3, entries 5 to 10 (both inclusive), entries 14, 15, 17, 20, 21, 27, 28, 29, 31, 32, 37, 38, 41 and 44 shall be omitted;
(iiia) for entry 42, the entry “42. Acquisition and requisitioning of property, so far as regards acquisition of any property covered by entry 67 of List I or entry 40 of List III or of any human work of art which has artistic or aesthetic value.” shall be substituted; and
5[(iv) in entry 45, for the words and figures “List II or List III”, the words “this List” shall be substituted.
(23) EIGHTH SCHEDULE. 6[(24) NINTH SCHEDULE.
7[(a)] After entry 64, the following entries shall be added, namely:—
864A. The Jammu and Kashmir State Kuth Act (No. I of Svt. 1978).
8[64B.] The Jammu and Kashmir Tenancy Act (No. II of Svt. 1980).
8[64C.] The Jammu and Kashmir Alienation of Land Act (No. V of Svt. 1995).
9* * * * *
10[64D]. The Jammu and Kashmir Big Landed Estates Abolition Act (No. XVII of Svt. 2007).
10[64E]. Order No. 6-H of 1951, dated the 10th March, 1951, regarding Resumption of Jagirs and other assignments of land revenue, etc.
1Ins. by C.O. 70.
2Item (iv) renumbered as item (ii) by C.O. 74. 3Items (v) and (vi) omitted by C.O. 72.
4Subs. by C.O. 95, for item (iii).
5Item (vi) renumbered as item (iv) by C.O. 74. 6Subs., ibid., for sub-paragraph (24). 7Numbered by C.O. 105.
8Renumbered by C.O. 98.
9Omitted by C.O. 106.
10Renumbered, ibid.

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1[64F. The Jammu and Kashmir Restitution of Mortgaged Properties Act, 1976 (Act XIV of 1976).
64G. The Jammu and Kashmir Debtors’ Relief Act, 1976 (Act XV of 1976).
2[(b) Entries 87 to 124, inserted by the Constitution (Thirty-ninth Amendment) Act, 1975, shall be renumbered as entries 65 to 102 respectively.]
3[(c) Entries 125 to 188 shall be renumbered as entries 103 to 166 respectively.]
4[(25) TENTH SCHEDULE.
(a) for the brackets, words and figures “Articles 102(2) and 191(2)”, the brackets, word and figures “[Article 102(2)]” shall be substituted;
(b) in clause (a) of paragraph 1, the words “or the Legislative Assembly or, as the case may be, either House of the Legislature of a State” shall be omitted;
(c) in paragraph 2,—
(i) in sub-paragraph (1), in sub-clause (ii) of clause (b) of the Explanation, the words and figures “or, as the case may be, article 188” shall be omitted;
(ii) in sub-paragraph (3), the words and figures “or, as the case may be, article 188” shall be omitted;
(iii) in sub-paragraph (4), the reference to the commencement of the Constitution (Fifty-second Amendment) Act, 1985 shall be construed as a reference to the commencement of the Constitution (Application to Jammu and Kashmir) Amendment Order, 1989;
(d) in paragraph 5, the words “or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State” shall be omitted;
(e) in sub-paragraph (2) of paragraph 6, the words and figures “or, as the case may be, proceedings in the Legislature of a State within the meaning of article 212’’ shall be omitted;
(f) in sub-paragraph (3) of paragraph 8, the words and figures “or, as the case may be, article 194,” shall be omitted.]
1Ins. by C.O. 106.
2Ins. by C.O. 105.
3Ins. by C.O. 108 (w.e.f. 31-12-1977). 4Ins. by C.O. 136.

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