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President’s Order 1954

6 0 6
18.08.2018

President’s Order of May, the 14th 1954 read in some detail takes away to a large extent the autonomous status of J&K state that had formed the basis of temporary and conditional accessions in 1947. One after another, in 22 parts, it implies application of numerous articles of Indian constitution with exceptions and modification.

Article 35-A barely forms one the articles/clauses of Indian constitution included in President’s Order. It falls in Part III (j) of the order with the words: After Article 35, the following new Article shall be added namely: ---35 A. The emphasis on new article is clear; to set it quite apart from article 35. It is though pertinent to note that article 35 finds mention in Part III (i) with exceptions and modifications and addition of clause (c). It especially omits certain reference in clause (a) (i) of article 35 which empower the parliament and disempowers the legislature of a State to make laws with respect to certain articles of Indian constitution. The omission in President’s order vis-à-vis article 35, clause (a) (i) is noted with the words: in clause (a) (i) the words, figures and brackets ‘clause (3) of Article 16, clause (3) of Article 32’ shall be omitted.

Article 16 refers to ‘equality of opportunity in matters of public employment’ clause (3) of the said article refers to the power of parliament to make laws vis-à-vis public employment. Article 32........

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