November 13, 1974
Sheikh Mohammad
Abdullah's accord with Mrs. Indira Gandhi, Prime Minister,
and his subsequent assumption of office as Chief Minister in
February 1975:
1 . The State of Jammu and Kashmir which is a constituent
unit of the Union of India, shall, in its relation with the
Union, continue to be governed by Article 370 of the
Constitution of India.
2. The residuary powers of legislation shall remain with the
State; however, Parliament will continue to have power to
make laws relating to the prevention of activities directed
towards disclaiming, questioning or disrupting the
sovereignty and territorial integrity of India or bringing
about 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 the Constitution.
3. Where any provision of the Constitution of India had been
applied to the State of Jammu and Kashmir with adaptations
and modifications, such adaptations and modifications can be
altered or repealed by an order of the President under
Article 370, each individual proposal in this behalf being
considered on its merits; but provisions of the Constitution
of India already applied to the State of Jammu and Kashmir
without adaptation or modification are unalterable.
4. With a view to assuring freedom to the State of Jammu and
Kashmir to have its own legislation on matters like welfare
measures cultural matters, social security, personal law and
procedural laws, in a manner suited to the special
conditions in the State, it is agreed that the State
Government can review the laws made by Parliament or
extended to the State after 1953 on any matter relatable to
the Concurrent List and may decide which of them, in its
opinion, needs amendment or repeal. Thereafter, appropriate
steps may be taken under Article 254 of the Constitution of
India. The grant of President's assent to such legislation
would be sympathetically considered. The same approach would
be adopted in regard to laws to be made by Parliament in
future under the Proviso to clause 2 of the Article. The
State Government shall be consulted regarding the
application of any such law to the State and the views of
the State Government shall receive the fullest consideration
5. As an arrangement reciprocal to what has been provided
under Article 368, a suitable modification of that Article
as applied to the State should be made by Presidential order
to the effect that 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 Constitution of the State
of Jammu and Kashmir relating to any of he under mentioned
matters, shall take effect unless the Bill, having been
reserved for the consideration of the President, receives
his assent; the matters are:
(a) the appointment, powers, functions, duties, privileges
and immunities of the Governor, and
(b) the following matters relating to Elections namely, the
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 the State of Jammu and Kashmir.
6. No agreement was possible on the question of nomenclature
of the Governor and the Chief Minister and the matter is
therefore, remitted to the Principals.
Mirza Mohammad Afzal Beg
G. Parthasarathi
New Delhi, November 13, 1974
