पृष्ठ:भारत का संविधान (१९५७).djvu/३२६

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142

THE CONSTITUTION OF INDIA

Part XIX.—Miscellaneous.—Arts. 367.

(2) Any reference in this Constitution to Acts or laws of, or made by, Parliament, or to Acts or laws of, or made by, the Legislature of a State ^[१]^{* * *} shall be construed as including a reference to an Ordinance made by the President or, to an Ordinance made by a Governor ^[२]^{* * *}, as he case may be.

(3) For the purposes of this Constitution "foreign State" means any State other than India :

Provided that, subject to the provisions of any law made by Parliament, the President may by ^[३]order declare any State not to be a foreign State for such purposes as may be specified in the order.^[४]

↑ The words and letters "specified in Part A or Part B of the First Schedule", omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
↑ The words "or Rajpramukh" omitted, ibid.
↑ See the Constitution Declaration as to Foreign States, Order, 1950, published with the Ministry of Law Order No. C. O. 2, dated the 23rd January, 1950, Gazette of India, Extra ordinary, p. 80 N.
↑ In its application to the State of Jammu and Kashmnir, to art. 367, the following clause shall be added:—

"(I) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir.

(a) references to this Constitution or to the previsions thereof shall be construed as relerences to the Constitution or the provisions thereof as applied in relation to the said State;

(b) references to the Government of the said State shall be construed as including references to the Sadar-i-Riyasat acting on the advice of his Council of Ministers;

(c) references to a High Court shall include references to the High Court of Jammu and Kashmir :

(d) references to the Legislature or the Legislative Assembly of the said State shall be construed as including references to the Constituent Assembly of the said State :

(e) references to the permanent residents of the said State shall be construed as meaning persons who, before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1951, were recognised as State subjects under the laws in force in the State or who are recognised by any law made by the Legislature of the State as permanent residents of the State; and

(f) references to the Rajpramukh shall be construed as references to the person for the time being recognised by the President as the Sadar-i-Riyasat of Jammu and Kashmir and as including references to any person for the time being recognised by the President as being competent to exercise the powers of the "Sadar-i-Riyasat."

[1] The words and letters "specified in Part A or Part B of the First Schedule", omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.

[2] The words "or Rajpramukh" omitted, ibid.

[3] See the Constitution Declaration as to Foreign States, Order, 1950, published with the Ministry of Law Order No. C. O. 2, dated the 23rd January, 1950, Gazette of India, Extra ordinary, p. 80 N.

[4] In its application to the State of Jammu and Kashmnir, to art. 367, the following clause shall be added:—

"(I) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir.

(a) references to this Constitution or to the previsions thereof shall be construed as relerences to the Constitution or the provisions thereof as applied in relation to the said State;

(b) references to the Government of the said State shall be construed as including references to the Sadar-i-Riyasat acting on the advice of his Council of Ministers;

(c) references to a High Court shall include references to the High Court of Jammu and Kashmir :

(d) references to the Legislature or the Legislative Assembly of the said State shall be construed as including references to the Constituent Assembly of the said State :

(e) references to the permanent residents of the said State shall be construed as meaning persons who, before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1951, were recognised as State subjects under the laws in force in the State or who are recognised by any law made by the Legislature of the State as permanent residents of the State; and

(f) references to the Rajpramukh shall be construed as references to the person for the time being recognised by the President as the Sadar-i-Riyasat of Jammu and Kashmir and as including references to any person for the time being recognised by the President as being competent to exercise the powers of the "Sadar-i-Riyasat."

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