Page:White Paper on Indian States (1950).pdf/121

This page has been proofread, but needs to be validated.

111

State concerned according to the tenor of its provisions. Since this arrangement involved a departure from the provisions of the Covenants establishing the Unions other than Travancore-Cochin, Supplementary Covenants (Appendix LV) were executed by the Rulers concerned to amend the original Covenants.

Part VII of the New Constitution

220. The most important feature of the new Constitution is that the Constitution of the States specified in Part B of the First Schedule, i.e., the States continuing as separate units and the Unions of States, forms part of the Constitution of India. Subject to certain essential adjustments, the Constitution of these States follows the Constitution of Part A States, i.e., States corresponding to former Governors' Provinces. The device which has been adopted is that a separate part, viz., Part VII, has been added, which contains special provisions governing the Constitution of Part B States as also the modifications subject to which the provisions governing the constitution of Part A States are applicable to Part B States.

Special provisions regarding the State of Jammu and Kashmir.

221. The State of Jammu and Kashmir acceded to India on October 26, 1947. The form of the Instrument of Accession executed by the Ruler of the State is the same as that of the Instruments executed by the Rulers of other acceding States. Legally and constitutionally therefore the position of this State is the same as that of the other acceding States. The Government of India, no doubt, stand committed to the position that the accession of this State is subject to confirmation by the people of the State. This, however, does not detract from the legal fact of accession. The State has therefore been included in Part B States. In view of the special problems arising in respect of this State and the fact that the Government of India have assured its people that they would themselves finally determine their political future, the following special provision has been made in the Constitution:

"370. (1) Notwithstanding anything in this Constitution.

(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in