Important Amendment Acts of Jammu and Kashmir Constitution

Important Amendment Acts of the Jammu and Kashmir Constitution

Some of the Amendment Acts of the Jammu and Kashmir Constitution that made significant changes are as follows.

1st Amendment Act, 1959

• It came into force on 26th January, 1960. It made many changes in the Sections of the State Constitution.

• In Section 95 (Appointment and Tenure of Office of Judges), some words have been replaced in place of words like 'A Judge will hold the Office until he attains the age of 60 years' following words are substituted with "A Judge will hold the Office in case of an additional or acting Judge and in any other case until he attains the age of 60 years."

. In Section 98 (Salaries, allowances, etc. of Judges) in Sub-section (2), some words have been omitted.

• In Section 99, Sub-sections (2) and (3) have been omitted.

Section 100 (2) has been omitted and section 100 A is inserted in the Jammu and Kashmir Constitution.

• Section 106 has been omitted from the State Constitution.

5th Amendment Act, 1963

• It came into existence on 14th October, 1963. By this Amendment Act, Clauses (c) and (d) of l Section 50 (4) have been omitted.

In Section 50 (6), 8 members instead of 6 are inserted which are nominated by the Governor of the State from different areas like Science, Art, Literature, Cooperative Movement, etc. to the Legislative Council of Jammu and Kashmir.

6th Amendment Act, 1965

.This Act came in April 1965. It replaced the words Sadar-i-Riyasat and Prime Minister by Governor and Chief Minister, respectively in the State Constitution. The First Schedule has been omitted by this Act. This Act substituted many Sections in the Constitution e.g.

(i) Section 27 (Appointment of Governor)

(ii) Section 29 (Qualifications for appointment of Governor)

(iii) Section 31 (Oath of Office of Governor)

(iv) Section 33 (Discharge of the functions of the Governor in certain contingencies)

Besides, this Act omitted many Sections from the State Constitution like Section 32 and Sections 148 to 152.

12th Amendment Act, 1975

. This Act came in October 1975. This Act amended the composition of the Legislative Assembly and Provisions relating to Pakistan-occupied Kashmir.

. In Section 48 of Clause (a), the words twenty-five seats (reserved for Pakistan-occupied Kashmir) have been replaced by twenty-four seats.

16th Amendment Act, 1977

This Act came into existence in February 1977.

• Under this Act, the words five years have been replaced by six years for Legislative Assembly of the State in Sub-section (1) of Section 52.

18th Amendment Act, 1987

This Act came in the year 1987. Under this Act, the Seventh Schedule was added to the State Constitution.

• It deals with provisions as to disqualification on grounds of defection.

20th Amendment Act, 1988

• This Act came in the year 1988.

. This Act amended Section 47 (1) (Composition of Legislative Assembly) of the State Constitution and replaced the Legislative Assembly seats from 100 seats to 111 seats

21st Amendment Act, 1989

This Act came in the year 1989.

This Act reduced the voting age of youths from 21 years to 18 years in Section 140 (Elections to the Legislative Assembly) in the State Constitution.

26th Amendment Act, 1999

This Act came in the year 1999.

This Act amended Sixth Schedule and added 'Gojri', a regional language in this Schedule of the State Constitution.

28th Amendment Act, 2000

. This Act came in the year 2000.

. In the Sub-section of Section 49, the words 'forty-three' years have been replaced by 'fifty-three' years.

29th Amendment Act, 2002

This Act came in the year 2002.

This Act added a provision under Sub-section 3 of Section-47 which deals with the 'Composition of Legislative Assembly of Jammu and Kashmir'.

According to it, until the data of the first Census is published after the year 2026, no readjustment of the total number of seats for the Legislative Assembly and division of territorial constituencies will be done.

This Act added a provision under Sub-section (1) of Section 49, which deals with "Provided that the reference in this explanation to the last preceding Census of which the relevant figures have been published shall, until the relevant figures of the first Census taken after the year 2026 have been published, be considered as a reference to the 1981 Census".