A minimum knowledge about some sections of J&K Constitution BY DAYA SAGAR

A minimum knowledge about some sections of J&K Constitution
BY DAYA SAGAR

September 16, 2008 • 2:56 pm

A minimum knowledge about some sections of J&K Constitution

BY DAYA SAGAR

WE need to closely understand the provisions in the J&K Constitution as laid in section -47, Section- 48 and section -50. . 

As per Section-46 -There shall be a Legislature for the State, which shall consist of the Governor and two Houses to be known respectively as the Legislative Assembly and the Legislative Council. 47. Composition of Legislative Assembly. –

(1) The Legislative Assembly shall consist of [one hundred and eleven] members chosen by direct election from territorial constituencies in the State: Provided that the Governor may if he is of opinion that women are not adequately represented in the Assembly, nominate not more than two women to be members thereof.[

(2) For the purposes of sub-section (1), the State shall be divided into single member territorial constituencies by such authority and in such manner as the Legislature may by law determine.

(3) Upon the completion of each census, the number, extent and boundaries of the territorial constituencies shall be readjusted by such authority and in such manner as the Legislature may by jaw determine : Provided that such readjustment shall not effect representation in the Legislative Assembly until the dissolution of the then existing Assembly: [Provided that until the relevant figures for tile first census taken after the year 2026 have been published, it shall not be necessary to readjust the total number of seats in the Legislative Assembly of the State and - the- division of the State into territorial constituencies under this sub-section. (3. Inserted by the Constitution of Jammu and Kashmir (Twenty-ninth Amendment) Act, 2002, ) . Section 48. Provision relating to Pakistan- occupied territory.- Notwithstanding anything contained in section 47, until the area of the State under the occupation of Pakistan ceases to be, so occupied and the people residing in that area elect their representatives (a) [twenty-four seats] in the Legislative Assembly shall remain vacant and shall not be taken into account for reckoning the total membership of the Assembly; and (b) the said area shall be excluded in delimiting the territorial constituencies under section 47. Section-50. Composition of Legislative Council.-(1) Legislative Council shall consist of thirty-six members, chosen in the manner provided in this section.

(2) Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir and are not members of the Legislative Assembly:

Provided that of the members so elected, at least one shall be a resident of Tehsil Ladakh and at least one shall be a resident of Tehsil Kargil.

(3) Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Jammu and are not members of the Legislative Assembly: Provided that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District

(4) one member shall be elected by each of the following electorates, namely (a) the members of municipal council, town area committees and notified area committees in the Province of Kashmir;

(b) the members of municipal council, town area committees and notified area committees in the province of Jammu; (5) Two members shall be elected by each of the following electorates, namely (a)the members of the Panchayats and such other local bodies in the Province of Kashmir as the Governor may by order specify; (b) the members of the Panchayats and such other local bodies in the Province of Jammu as the Governor may by order specify. (6) [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. (7) Elections under sub-sections (2) and (3) shall be held in accordance with the system of proportional representation by means of the single transferable vote.

This article has been excerpted from “Let there be fair delimitation of J&K assembly segment” by Daya Sagar, a leading scribe on Kashmir issues. 

Filed under: Articles by Daya Sagar, Delimitation, Legal Status