The Council of Ministers
35. Council of
Ministers to aid and advise the *Governor.-
(1) There shall be a Council of Ministers with 1[Chief Minister] at the head to
aid and advise the *Governor in the exercise
of his functions.
(2) All functions of the *Governor except those under
sections 36, 38 and 92 shall be exercised by him only on the advice of
the Council of
(3) The queston whether any, and if so what, advice was tendered
by Ministers to the *Governor shall not be enquired into in
of Ministers.-The 1[Chief' Minister] shall be appointed by the
*Governor and the other Ministers shall be appointed by the *Governor on the advice of the
Ministers.-The *Governor may on the advice of the 1[Chief Minister]
appoint from amongst the members of either House of Legislature such number of Deputy
Ministers as may be necessary.
of Office.-The Ministers and the Deputy Ministers shall hold office during the
pleasure of the *Governor.
of Office and Secrecy.-Before a Minister or a Deputy Minister enters upon his
office, the *Governor or, in his absence, any person authorised by him, shall administer
to the Minister or the Deputy Minister the oaths of office and of secrecy according to the
form set out for the purpose in the Fifth Schedule.
General for the State.-(1) The *Governor shall appoint a person who is qualified
to be appointed a Judge of the High Court, to be Advocate General for the State.
Advocate General shall hold office during the pleasure of the *Governor and receive such
remuneration as the *Governor may determine.
Conduct of Government Business
of Business.-The *Governor shall make rules for the more convenient transaction
of the business of the Government of the State and for the allocation among Ministers of
the said business.
of Chief Minister.-It shall be the duty of the 1[Chief Minister].-
(a) to communicate to the *Governor all decisions of
of Ministers relating to the administration
of the affairs of the
proposals for legislation.
(b) to furnish such information relating to the administration of the affairs of the State
and proposals for legislation as the
*Governor may calI for ; and
(c) if the *Governor so requires, to submit for the consideration of the Council of
Ministers any matter on which a decision has been taken by a Minister but which has not
been considered by the Council.
45. Form of
orders and instruments and their authentication.-(1) All executive action of the
Government shall be expressed to be taken in the name of the *Governor or of the
Government of Jammu and Kashmir.
Orders and other instruments made and executed in the name of the *Governor or of the
Government of Jammu and Kashmir shall be authenticated in such manner as may be specified
in the rules to be made by the *Governor and the validity of an order or instrument which
is so authenticated shall not be called in question on the ground that it is not an order
or instrument made or executed by the *Governor or, as the case may be, by the Government
of Jammu and Kashmir.
THE STATE LEGISLATURE
for the State.-There shall be a Legislature for the State which shall conslst of
the *Governor and two
Houses to be known respectively as the Legislative Assembly and
the Legislative Council.
of Legislative Assembly.-(1) The Legislative Assembly shall consist of 1[
one hundred and eleven] members chosen by direct election from territorial constituencies
in the State:
the *Governor may if he is of opinion that women are not adequately represented in the
nominate not more than two women to be members thereof.
2[ 48-A. Holding
of General Election in the event of earlier dissolution of Legislative Assembly.-Notwithstanding
anything contained in this Constitution if upon the Completion of a census, but before the
final readjustment of territorial constituencies, the Legislative Assembly is dissolved
prior to the expiry of its duration and the Governor is satisfied that holding of general
election without delay is necessary, he may, after consulting the Election Commission, by
notification direct that the general election shall be held on the basis of the last
preceding delimitation of territorial constituencies].
of Legislative Council (6) 3[Eight] members shall be nominated by the
*Governor, not more than three of whom shall be persons
belonging to any of the socially
or economically backward classes in the State, and the others shall be persons having
special knowledge or practical experience in respect of matters such as literature,
science, art, co-operative movement and social service.
of the Legislature, prorogation and dissolution.- (1) The *Governor shall from
time to time summon each House of the Legislature to meet at such time and place as he
thinks fit, but six months shall not intervene between its last sitting in one session and
the date appointed for its first sitting in the next session.
(2) The *Governor may from time to time -
(a) prorogue the Houses or either House ;
(b) dissolve the Legislative Assembly.
of Governor to address and send messages to the House or Houses.-(1) The
*Governor may address either House of Legislature, or both Houses assembled together, and
may for that purpose require the attendance of members.
(2) The *Governor
may send messages to either House, whether with respect to a Bill then pending in the
Legislature or otherwise, and a House to which any message is so sent shall with all
convenient despatch consider any matter required by the message to be taken into
address by the Governor.-(1) At the commencement of the first session after each
general election to the Legislative Assembly and at the commencement of the first session
of each year, the *Governor shall address both Houses of Legislature assembled
together and inform the Legislature of the causes of its summons.
to Bills.- When a Bill has been passed by both Houses of the LegIslature, it
shall be presented to the *Governor and the *Governor shall declare either that he assents
to the Bill or that he withholds assent therefrom :
that the *Governor may, as soon as possible after the presentation to him of the Bill for
assent, return the Bill if it is not a Money Bill together with a message requesting that
the Houses will reconsider the Bill or any specified provisions thereof and, in
particular, will consider the desirability of introducing any such amendments as he may
recommend in his message and when a Bill is so returned, the Houses shall reconsider the
Bill accordingly and if the Bill is passed again by the Houses with or without amendment
and presented to the Governor for assent, the Governor shall not withhold assent
Procedure in Financial Matters
Financial Statement.- (1) The *Governor shall in respect of every financial year
cause to be laid before both Houses of the Legislature a statement of the estimated
receipts and expenditure of the State for that year, in this Part referrred to as the
"Annual Financial Statement".
in Legislature with respect to estimates.- (3) No demand for a grant shall be
made except on the recommendation of the *Governor.
of Procedure.- (3) The
*Governor, after consultation with the Speaker
of the Legislative Assembly and the
Chairman of the Legislative Council, may make rules as to the procedure with respect to
communication between the two Houses.
Power of the *Governor
of Governor to promulgate Ordinances during recess of Legislature.-(1) If at any
time, except when both Houses of the Legislature are in session, the *Governor is
satisfied that circumstances exist which render it necessary for him to take immediate
action, he may promulgate such ordinances as the circumstances appear to him to require :
that the power of making an Ordinance under this section shall extend only to those
matters with respect to which the Legislature has power to make laws.
An Ordinance promulgated under this section shall have the same force and effect as an Act
of the Legislature assented to by the *Governor but every such Ordinance-
(a) shall be laid before both the Houses of the Legislature, and shall
cease to operate at the expiration of six weeks from the re-assembly of the Legislature,
or if before the expiration of that period a resolution disapproving it is passed by the
Legislative Assembly and agreed to by the Legislative Council, upon the resolution being
agreed to by the Legislative Council, and
(b) may be withdrawn at any time by the *Governor.
Notwithstanding anything in this Constitution, the satisfaction of the *Governor mentioned
in sub-section (1) shall be final and conclusive and shall not be questioned in any Court
on any ground].
the Houses of the Legislature are summoned to reassemble on different dates, the period of
six weeks shall be reckoned from the latter of those dates for the purposes of this
Breakdown of Constitutional Machinery
Provisions in case of failure of Constitutional machinery in the State.-(1)
If at any time the *Governor is satisfied that a situation has arisen in which the
Government of the State cannot be carried on in accordance with the provisions of this
Constitution, the *Governor may by Proclamation-
assume to himself all or any of the functions of the Government of the State and all or
any of the powers vested in or exercisable by anybody or authority in the State;
make such incidental and consequential provisions as appear to the *Governor to be
necessary or desirable for giving effect to the objects of the Proclamation, including
provisions for suspending in whole or in part the operation of any provision of this
Constitution relating to anybody or authority in the State:
that nothing in this section shall authorise the *Governor to assume to himself any of the
powers vested in or exercisable by the High Court or to suspend in whole or in part the
operation of any provision of this Constitution relating to the High Court.
(2) Any such Proclamation may be revoked or varied by a subsequent
(3) Any such Proclamation whether varied under subsection (2) or not, shall
except where it is a Proclamation revoking a previous Proclamation, cease to operate on
the expiration of six months from the date on which it was first issued.
(4) If the *Governor by a Proclamation under this section assumes to himself
any of the powers of the Legislature to make laws, any law made by him in the exercise of
that power shall, subject to the terms thereof, continue to have effect until two years
have elapsed from the date on which the Proclamation ceases to have effect, unless sooner
repealed or re-enacted by an Act of the Legislature, and any reference in this
Constitution to any Acts of or laws made by the Legislature shall be construed as
including a reference to such law.
(5) No Proclamation under sub-section (1) shall be issued except
with the concurrence of the President of India.
(6) Every Proclamation under this section shall, except where it
is a Proclamation revoking a previous Proclamation, be laid before each House of the
Legislature as soon as it is convened.
or affirmation by Judges of the High Court.- Every person appointed to be a Judge
of the High Court shall before he enters upon his office, make and subscribe before
the *Governor, or some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Fifth Schedule.
116. Contingency Fund.-The
Legislature may by law establish a Contingency Fund in the nature of an imprest to be
entitled "the Contingency Fund of the State" into which shall be paid from time
to time such sums as may be determined by such law, and the said Fund shall be placed at
the disposal of the *Governor to enable advances to be made by him out of such Fund for
the purposes of meeting unforeseen
expenditure pending authorisation of such expenditure by Legislature by law under sections
82 or 83.
All contracts made in the exercise of the executive power of the State shall be expressed
to be made by the *Governor and all such contracts and all assurance of property made in
the exercise of that power shall be executed on behalf of the *Governor by such persons
and in such manner as he may direct or authorise.
(2) The *Governor shall not be personally
liable in respect of any contract or assurance made or executed for the purposes of this
Constitution, or for the purposes of any enactment relating to the Government of the State
heretofore in force, nor shall any person making or executing any such contract or
assurance on his behalf be personally liable in respect thereof.
PUBLIC SERVICES COMMISSION
Appointment and term of office of members.-(1) The Chairman and other members of the Commission shall be appointed by
the *Governor :
that as nearly as may be one-half of the members of the Commission shall be persons who at
the dates of their respective appointments have held office for at least ten years under
Removal and suspension of a member of the Commission.-(1) Subject to the provisions of
sub-section (3), the Chairman or any other member of the Commission shall only be removed
from his office by order of the *Governor on the ground of misbehavior after the High
Court, on reference being made to it by the *Governor, has, on inquiry held in that
behalf, reported that the Chairman or such other member, as the case may be, ought on any
such ground to be removed.
The Governor may suspend from office the Chairman or any other member of the Commission in
respect of whom a reference has been made to the High Court under sub-section (1)
until the *Governor has passed orders on receipt of the report of the High Court on such
Notwithstanding anything in sub-section (1), the *Governor may by order remove from office
the Chairman or any other member of the Commission if the Chairman or such other member,
as the case may be-
(a) is adjudged an insolvent ; or
(b) engages during his term of office in any
paid employment outside the duties of his office ; or
(c) is, in the opinion of the *Governor, unfit to continue in office by reason of
infirmity of mind or body.
Power to make regulations as to conditions of service of members and staff of the
Commission.-The *Governor may by regulations
(a) determine the number of members of the
Commission and their conditions of service; and
(b) make provision with respect to the number of members of the staff of the Commission
and their conditions of service :
Provided that the conditions of service of a member
of the Commission shall not be varied to his disadvantage after his appointment.
of the Commission. It shall be the duty of the Commission to present annualIy to
the *Governor a report as to the work done by the Commission and the *Governor on receipt
of such report, shall cause a copy thereof together with a memorandum explaining, as
respects the cases, if any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before the Legislature.
143. Protection of Governor.-(1)
The *Governor shall not be answerable to any court for the exercise and performance of the
powers and duties of his office or for any act done or purporting to be done by him in the
exercise and performance of those powers and duties :
that nothing in this sub-section shall be construed as restricting the right of any person
to bring appropriate proceedings against the Government.
(2) No criminal proceedings whatsoever shall be instituted or
continued against the *Governor in any court during his term of
(3) No process for the arrest or imprisonment of the *Governor
shall issue from any court during his term of office.
No civil proceedings in which relief is claimed against the *Governor shall be instituted
during his term of office in any court in respect of any act done or purporting to be done
by him in his personal capacity, whether before or after he entered upon his office as
*Governor until the expiration of two months next after notice in writing has been
delivered to the *Governor or left at his office stating the nature of proceeding, the
cause of action therefor, the name, description and place of residence of the party by
whom such proceedings are to be instituted and the relief which he claims.
for development of Art, Culture and Languages.-The *Governor shall, as soon as
may be, after the commencement of the Constitution, establish an Academy of Art, Culture
and Languages where opportunities will be afforded for the development of Art and Culture
of the State and for the development of Hindi, Urdu and other regional languages of the
State specified in the Sixth Schedule.
(a) The Governor is
Ex-Officio Chancellor of the University of Kashmir, the University of Jammu, the
Sher-i-Kashmir University of Agricultural Sciences and Technology, Kashmir, the
Sher-i-Kashmir University of Agricultural Sciences and Technology, Jammu and Shri
Mata Vaishno Devi University. In his capacity as Chancellor, he is the Chairman of the
Council of the Universities. The powers of the Chancellor are derived from the
Universities Acts and Statutes prepared there under.
(b) The Governor is the
President of the Rajya Sainik Board.
(c) The Governor is the
President of the J&K Branch of the Indian Red Cross Society. In this capacity he is
also the Chairman of the Managing Committee of the Jammu and Kashmir Branch of the Red
Cross Society. He derives powers from the Constitution of the J&K Branch.
(d) The Governor is the
Patron of the Jammu and Kashmir Academy of Art, Culture and Languages.
(e) All shares of the J&K
State in its public-sector corporations are held by the Government in the name of the
Governor. However, the Governor discharges his responsibility as a Share-holder through
(f) The Governor is the Chairman of Shri Mata
Vaishno Devi Shrine Board and Shri Amarnathji Shrine Board.
** Foot-note **
* See foot-note 1 to
1. Substituted for
"Prime Minister" by the Constitution of Jammu and Kashmir (Sixth Amendment) Act,
1965, S. 2.
2. Inserted vide
ibid. S. 4.
3. Substituted ibid
Inserted by the Constitution of Jammu
(Fifteenth. Amendment) Act, 1976, S. 2.