Jammu and Kashmir Constitution Act 1939

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Posted by K4Kashmir on July 20, 2010 in Historic Documents |

Jammu and Kashmir Constitution Act 1939

Legal Document No 65

Whereas It is expedient to consolidate and amend the law relating to the Government of.Tammu and Kashmir: we are hereby pleased to enact as follows: Preamble. This Act may be cited as the Jammu and Kashmir Constitution Act of 1966. This Act shall extend to the whole of the Jammu and Kashmir State and shall come into force at once. In this Act unless there is anything repugnant in the subject or context; “Council” means the Council of Ministers of Jammu and Kashmir referred to in section 7; “Gazettee” means the Jammu and Kashmir Government Gazette; “His Highness” means ‘His Highness the Maharaja Bahadur’ of Jammu and Kashmir; “Official” and “non-official” mean respectively a person who is and a person who is not in the Civil or Military Service of the State, provided that rules under this Act may provide for the holders of such offices or any of them as may be specified in the rules not being treated for purposes of this Act as officials; “Rules” mean the rules made under this Act; and (f) “State” means the State of Jammu and Kashmir. The territories for the time being vested in His Highness are governed by and in the name of His Highness, and all rights, authority and jurisdiction which appertain or are incidental to the government of such territories are exercisable by His Highness, except in so far as may be others is provided by or under this Act, or as may be otherwise directed by His Highness. Notwithstanding anything contained in this or any other Act all powers, legislative, executive and judicial, in relation to the State and its government are hereby declared to be and to have always been inherent in and possessed and retained by His Highness and nothing contained in this or any other Act shall affect or be deemed to have affected the right and prerogative of His Highness to make laws, and issue proclamations, orders and ordinances by virtue of his inherent authority. 6. The Executive Subject always to the provisions of sections 4 and 5 and subject also to such rules of business and allocation of portfolios and such other directions as to consultations with or reports to and confirmation by His Highness on special matters as His Highness may give from time to time by general or special orders in that behalf, the superintendence, direction and control of the civil administration and government of the State shall be vested in the Council. The Council shall consist of the Prime Minister for the time being and such other Ministers of State as His Highness may appoint by Royal Warrant of appointment. The Prime Minister and the other Minister shall be responsible to His Highness and shall hold office during the pleasure of His Highness. The Prime Minister shall be the President of the Council. Every person appointed to be a member of the Council shall before entering on the duties of his office make and subscribe before His Highness or any other officer authorised by His Highness in this behalf on oath of allegiance in the form set out in schedule I. The Prime Minister may with the previous sanction of His Highness make rules for the more convenient transaction of the business of the Council. His Highness may appoint a person qualified to be appointed a Judge of High Court to be Advocate General for the State subject to such rules as may be made by the Council in this behalf It shall be the duty of the Advocate General to give advice on such legal matters and to perform such other duties of a legal character as may from time to time be referred or assigned to hind by the Council; The Advocate General shall be appointed for such period and on such salary or other remuneration and on such terms and conditions of service as Hiss Highness may fix. Orders end other instruments made and executed in the name of His Highness or of the Council shall be authenticated in such manner as may be specified in rules to be made by His Highness and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by His Highness or the Council as the case may be. The Council may make rules not inconsistent with this. Act for the following matters: the term of office of the nominated members of’ the Praja Sabha and the matter of filling casual vacancies among them; the conditions under which and the manner in which persons may be nominated as members of the Praja Sabha; the qualifications of electors, the constitution of constituencies and their territorial extent, the method of election of the members of the Praja Sabha and any matters incidental or ancillarythereto; the qualifications for being or being chased as members of the Praja Sabha; the final decision of doubts and disputes as to the validity of an election; the prevention of corrupt practices at election; the manner in which rules should be carried into effect; regulating the course of business and the preservations of order in the Praja Sabha; prohibiting or regulating the asking of questions on and the discussion of any subject specified in the rules; fixing the dates and the procedure for the presentation and discussion of the annual financial statement; fixing the halting and travelling allowances of members of the Praja Sabha for attending meetings of the Praja Sabha or of the Committees hereof. the duties of Praja Sabha Under-Secretaries the duties of the Advocate General; and generally for carrying out the provisions of this Act. THE LEGISLATURE Subject to the provisions of this Act, the Legislature of the State shall consist of His Highness and a chamber to be known as the Praja Sabha. The Praja Sabha shall consist of the President and seventy five other members. The members of the Council shall be ex-officio members of the Praja Sabha. Of the remaining members, forty shall be elected! and the rest nominated by His Highness. Thirty three of the elected members shall represent the communities and the general constituencies shown in schedule II and seven shall represent the special constituencies shown in schedule III. Of the nominated members referred to in subsection. fourteen shall represent the areas and communities shown in Schedule IV, and (b) not more than eight shall be officials. Rules may be made under clause (c) of section 12 altering the- constituencies and their territorial extent as shown in schedule IV but such rules shall not have effect unless sanctioned by His Highness. His Highness may for the purpose of any Bill introduced or proposed to be introduced in the Praja Sabha nominate not more than two persons having special knowledge or experience of the subject matter of the Bill, and these persons shall, in relation to the Bill, have, for the period for which they are nominated all the rights of members of the Praja Sabha, and shall be in addition to the members above referred to. 15. (1) Every Praja Sabha shall continue for three years from its first meeting; Provided that His Highness may: (a) at any time dissolve that Praja Sabha before the expiry of its term; or (b) extend the term of the Praja Sabha if in special circumstances he so thinks fit. (2) His Highness shall appoint a date not more than six months after the date of expiry of the term of the Praja Sabha or of its dissolution for its next session. (a) there shall be every year at least one session of the Praja Sabha at Jammu and another at Srinagar; (b) subject to the provisions of this section, His Highness may from time to time. summon the Praja Sabha at such time and place as he thinks fit; or prorogue the Praja Sabha; or (iii) dissolve the Praja Sabha. 16. Communication by His Highness to the Praja Sabha may be made in person; or by message sent through the Prime Minister or any other Minister; or by message sent through the President or any other person presiding under the provisions of section 20. Communications by the Praja Sabha to His Highness shall be made by formal address submitted through the President after motion made and carried in the Praja Sabha. The Advocate General shall have the right to speak in the Praja Sabha and to take part in its proceedings and in the Proceedings of any of its committees but shall not, merely by virtue of this section, have a right to vote. The President of the Praja Sabha shall be appointed by His Highness for such term as he may fix and he may remove the President from office and fill casual vacancies in that office. (1) The Praja Sabha shall choose one of its members to be the Deputy President thereof and so often as the office of the Deputy President becomes vacant the Praja Sabha shall choose another member to the Deputy President. The Deputy President shall perform such duties of the President as may be assigned to him by the President with the approval of the Council and shall, during the absence of the President from any sitting of the Praja Sabha, act as President. (3) During the temporary absence of the President and the Deputy President from a meeting of the Praja Sabha such person shall act as President as His Highness may by general or special order in that behalf direct. A member holding the office of Deputy President shall vacate his office if he ceases to be a member of the Praja Sabha, may, at any time, resign his office by writing under his hand addressed to the Prime Minister, and may be removed from his office by a resolution of the Praja Sabha passed by a majority of the members then on the roll of the Praja Sabha. His Highness may appoint from among the non-official members of the Praja Sabha as many under-Secretaries and for such period not exceeding the life of the Praja Sabha as he may think fit. An under- Secretary shall be attached to one or more ministers and will be assigned such duties in relation to the business coming before the Praja Sabha as may be prescribed by rules in this behalf. Subject to the provisions of this Act, the Praja Sabha may make laws for whole State or any part thereof, and for the subjects of His Highness wherever they may be. It shall not be lawful for the Praja Sabha to consider or deal with any matter or enact any law relating to or affecting: His Highness or any member of the Royal Family or the management of the Royal house-hold; relations, treaties, convention or agreements between the State and His Majesty the King Emperor of India or the Government of India or with Foreign powers or the Government of any State in India now subsisting or in force or hereafter to be established or made; matters of frontier policy including those relating to Ladakh and Gilgit; Such matters relating to the Jagirs of Poonch and Chenani as His Highness may specify; rights specifically granted to Illaqadars or Jagirdars by their sanads; the organization, discipline and control of the State Forces; the departments declared by Highness from time to time as Hazure departments; the Dharmarth Trust; the provisions of this Act and the rules made thereunder and their repeal or modification; and such other matters as may be specified by His Highness from time to time. 25. (1) All questions at any sitting of the Praja Sabha shall be determined by a majority of votes of the members present and voting other than the President or person acting as such: Provided that, in the case of an equality of votes, the President or person acting as such shall exercise a casting vote. The Praja Sabha shall have power to act notwithstanding any vacancy in the membership thereof and any proceedings in the Praja Sabha shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. If at any time during a meeting of the Praja Sabha less than one-fifth of the total number of members are present, it shall be the duty of the President or persons acting as such either to adjourn the Praja Sabha or to suspend the meeting until at least one-fifth of the members are present. PROVISIONS AS TO MEMBERS OF THE PRAJA SABHA Every member of the Praja Sabha, other than an ex-officio member, shall, before taking his seat, make and subscribe at a meeting of the Praja Sabha before the President or such person as may be authorised by His Highness in this behalf, an oath or affirmation in the form set out in Schedule 1. (1) If a member of the Praja Sabha, becomes subject to any of the disqualifications mentioned in sub-section (1) of the next succeeding section, or by writing under his hand addressed to the Prime Minister resigns his seat, his seat shall thereupon become vacant. (2) If for two consecutive sessions of the Praja Sabha a member is without the permission of the President absent from all meetings thereof, the President may declare his seat vacant. 28. (1) A person shall be disqualified for being chosen as or for being a member of the Praja Sabha, if he is an official; (provided that this shall not apply to the exofficio members or to the officials nominated under section 14, or to the President or to the Deputy President, or to the Under Secretaries appointed under Section 2) if he is under 25 years of age; if he is of unsound mind and stands so declared by a competent Court: if he is an undischarged insolvent or being a dischargedinsolvent has not obtained from a competent Court a certificate that his insolency was caused by misfortune without any misconduct on his part; if he is a person against whom a conviction by a Criminal Court for an offence punishable a with sentence of imprisonment for a term of six months or more is subsisting or an order binding him to be of good behaviour has been passed or an order of internment or externment passed by a Magistrate or the Council or His Highness is in force, unless a period of five years or such less period as His Highness may allow in any particular case has elapsed since release or the expiry of the period specified in the order; if he has been convicted or has in proceedings for questioning the validity or regularity of an election, been found guilty of any offense or corrupt or illegal practice relating to elections, which has been declared by any law to be an offense or has been declared by any rule or order of the Council to be a practice entailing disqualification for membership of the Praja Sabha, unless a period of three years has expired from the date of such conviction or finding; if, having been elected a member of the Praja Sabha, he has failed to lodge a return of election expenses within the time and in the manner required by the rules under this Act, unless a period of three years has expired from the date by which the return ought to have been lodged or His Highness has removed the disqualifications7 A person shall not be capable of being chosen a member of the Praja Sabha while he is serving a sentence of imprisonment for a criminal offense, or is under dentention for failure to furnish security for keeping the peace or for good behaviour. Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Praja Sabha there shall be freedom of speech in the Praja Sabha and no member of the Praja Sabha shall be liable to any proceeding in any Court in respect of anything said or any vote given by him in the Praja Sabha or any Committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the Praja Sabha of any report, paper, votes or proceedings. The President, the Deputy President and the Under Secretaries of the Praja Sabha shall receive such honoraria as may be determined by His Highness. The members of the Praja Sabha shall be entitled to receive such halting and travelling allowances as may be fixed by rules in this behalf. LEGISLATIVE PROCEDURE 31. Where a Bill has been passed by the Praja Sabha, the Prime Minister may, instead of presenting it for the assent of His Highness, return it to the Praja Sabha for reconsideration in whole or in part, together with any amendments which he may recommend. Where a Bill has been passed by the Praja Sabha and has not been returned to it by the Prime Minister for reconsideration it shall be submitted for the assent of His Higness,who may declare either that the assent thereto, or withholds his anssent therefrom. A Bill which is assented to under the last preeeding sub-section shall be published in the Gazette in English and shall then become an Act and have the force of Law. In all the Regulations in force in the State on the date on which this Act comes into force and in the rules orders, proclamations and notifications issued under such Regulations, the word ‘Act’ shall, unless the context otherwise, requires, be substituted for the word ‘Regulation’. 32. Subject to such restrictions and conditions as are imposed by this Act or may be imposed by rules or standing orders, any member may ask questions; and move resolutions: provided that no question shall be asked and no resolution shall be moved which affects the religious rights, usages, endowments or personal law of any community and is not asked or moved by a member of that community. PROCEDURE GENERALLY 33. The business of the Praja Sabha shall be transacted in Urdu but any member may address the Praja Sabha in English. Provided that the text of all Bills and amendments there to moved in, and of all Acts passed by, the Praja Sabha, which shall be treated as authoritative, shall be in English. Where the Praja Sabha refuses leave to introduce, or fails to pass in a form recommended by the Council, any Bill, His Higness may declare that the proposed legislation is essential for the good government, safety or tranquillity of the State and such Bill shall, on such declaration, become an Act as if it had been passed by the Praja Sabha and assented to by His Highness. If the Prime Minister at any time certifies that the discussion of a Bill introduced or proposed to be introduced in the Praja Sabha or of any specified clause of a Bill, or of any amendment moved or proposed to be moved to a Bill or of any resolution or of an amendment there to would affect, the safety or tranquillity of the State or any part thereof, he may direct that no proceedings. or no further proceedings, shall be taken in relation to the Bill, clause or amendment, or resolution or its amendment, and effect shall be given to the direction. It shall not be lawful, without the previous sanction of His Highness, to introduce, consider or pass any Bill affecting the religious rights, usages, endownments or personal law of any community, and no such Bill shall be deemed to be passed by the Praja Sabha unless two third of the members of the Praja Sabha from the community affected are present at the meeting of the Praja Sabha and vote in its favour. No discussion shall be allowed in the Praja Sabha with regard to the conduct of any member of His Highness Board of Judicial Advisers or of any Judge of the High Court in the discharge of his duties. Notwithstanding anything contained In this Act, the Council may, in case of emergency or where immediate legislation is required in any matter affecting the peace and good government of the State, submit to His Highness an Ordinance and such Ordinance on being assented to His Highness shall have the force of law for a period not exceeding six months from the date of its promulgation. It shall not be lawful for the Praja Sabha to repeal or alter any ordinance passed under section. Standing orders may be made and altered by the Praja Sabha providing for the conduct of business and the procedure to be followed in the Praja Sabha. Any standing order which is repugnant to the provisions of this Act or to any rules made thereunder shall to the extent of that repugnancy but not otherwise, be void. PROCEDURE IN FINANCIAL MATTERS 41. The Council shall in respect of every financial year cause to be laid before the Praja Sabha a statement of the estimated receipts and expenditure of the State for the year: Provided that the estimated receipts and expenditure relating to the Jagirs of Poonch and Chenani shall be shown separately in the statement. 42. The estimates of expenditure embodied in the annual financial statement shall show separately: the sums required to meet expenditure described by this Act as expenditure charged upon the revenues of the State; and the sums required to meet other expenditure proposed to be met from the revenues of the State. 43. The following expenditure shall be the expenditure charged on the revenues of the State: expenditure on matters reserved from the cognizance of the Praja Sabha under section 24; contributions payable to other Governments expenditure obligatory under any law interest on loans and sinking fund charges; expenditure which may be classed by His Highness or the Council as political; pensions and gratuities granted by His Highness or with his sanction or under the rules sanctioned by His Highness or the Council; contributions, grants and scholarships sanctioned by His Highness; salaries of the Judges of the High Court and the members of His Highness Board of Judicial Advisers: salaries of such other officers as His Highness may specify from time to time; and such other expenditure as His Highness may specify from time to time. Any question whether any proposed expenditure falls within a class of expenditure charged on the revenues of the State shall be decided by the Prime Minister and such decision shall be final. So much of the estimates of expenditure as relates to the expenditure charged on the revenues of the State shall not be submitted to the vote of the Praja Sabha. So much of the said estimates as relates to the other expenditure shall be submitted to the Praja Sabha in the form of demands for grants. The Praja Sabha shall have power to assent or to refuse to assent to any demand or to assent to a demand subject to a reduction of the amount specified therein. provided that: the Council shall have power, in relation to any such demand, to act as if it had been assented to, notwithstanding the withholding of such assent or the reduction of the amount therein specified, if the Council considers that the expenditure provided for by the demand is necessary for the carrying on of any department or for the discharge of the Council’s responsibility for its administration; and His Highness may in cases of emergency authorise such expenditure as may in his opinion be necessary for the safety or tranquillity of the State or any part thereof or for the carrying on of any department. (3) No demand for a grant shall be made except on the recommendation of the Council. If in respect of any financial year further expenditure from the revenues of the State becomes necessary over and above the expenditure authorised from that year, the Council shall have the power to authorise that expenditure. A statement of the expenditure so authorised shall be presented to the Praja Sabha along with the financial statement for the following year. (1) A Bill or amendment making provision: for imposing, increasing or decreasing any tax, or for regulating the borrowing of money or the giving of any guarantee by the Council or for amending the law with respect to any financial obligation undertaken by the Council, or for declaring any expenditure to be expenditure charged on the revenues of the State, shall not be introduced or moved except with the previous sanction of the Prime Minister. A Bill or amendment shall not be deemed to make provision for any of the purposes aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered. A Bill which, if enacted and brought into operation, would involve expenditure from the revenues of the State shall not be passed by the Praja Sabha unless the Council has recommended to the consideration of the Bill. THE JUDICATURE: THE HIGHCOURT 48. the High Court referred to in this Act is the High Court established in the State by Order No. 1 of 1985 and styled as the High Court of Judicature, Jammu and Kashmir State; and the High Court shall consist of a Chief Justice and two or more other Judges, as His Highness. may from time to time think fit to appoint. 49. Every Judge of the High Court shall be appointed by His Highness and shall hold office until he attains the age of fifty five years, unless His Highness otherwise directs: Provided that: a Judge may by resignation under his hand’ addressed to the Prime Minister resign his office; a Judge may be removed from his office by order of His Highness on the ground of misbehavior or of infirmity of mind or body. 50. The Chief Justice shall have rank and precedence before the other Judges. All the other Judges shall have rank and precedence according to the seniority of their appointments. 51. A person shall not be qualified for appointment as a Judge of the High Court unless he; is a barrister of England or Ireland or member of the Faculty of Advocates in Scotland of not less than ten years standing; or has for at least three years held a judicial office in the State not inferior to that of a District Judge; or has for at least five years held a judicial office in the State or in British India, not inferior to that of a subordinate Judge, or a Judge of a Small Causes Court; or is an Advocate of the High Court or of any High Court in British India, and is a barrister of England or Ireland or a member of the faculty of Advocates in Scotland or a law graduate of any recognised University in India who has been practicing as an Advocate of the High Court or of any High Court in British India for a period of at least ten years. The Chief Justice and the other Judges of the High Court shall receive such salaries and allowances as His Highness may from time to time fix in this behalf. Every person appointed to be a Judge of the High Court shall before he enters upon his office make and subscribe His Highness or some person appointed by him an oath according to form set out in that behalf in schedule 1 of this Act. The High Court of Judicature shall have and use as occasion may require a seal bearing and advice impression of the Jammu and Kashmir Coat of Arms with an exergue or label surrounding the same, with the following inscription, “The seal of the High Court of Judicature, Jammu and Kashmir”. The said seal shall be delivered to and kept in the custody of the Chief Justice or of an officer the Court from time to time nominated by the Chief Justice. All writs, summonses, precepts, rules order and other mandatory processes to be used by the High Court shall run and be in the name and style of His Highness and shall be sealed with the seal of the High Court. The High Court is a Court of record. The High Court shall have jurisdiction to hear and determine any original civil suit or other proceeding of which the value is not less than rupees ten thousand and every such suit or proceeding shall be instituted in the High Court. The High Court shall have jurisdiction to entertain and dispose of such appeals, revisions and other cases-civil, criminal or revenue-as it may be empowered to do under any enactment in force in the State. The usual places of sittings of the High Court shall be Jammu and Kashmir (Srinagar) and His Highness may by order direct for what period the High Court sit at each such place. Whenever it appears to the Chief Justice convenient that the jurisdiction and power vested in the High Court by this Act or by any other enactment for the time being in force should be exercised in any place within the jurisdiction of any court subject to the superintendence of the High Court, other than the usual places of sitting of the High Court, or at several such places by way of circuit, one or more Judges of the High Court shall with the previous sanction of His Highness hold Court at such place or places. Except as provided by any enactment of the time being in force, all original proceedings and suits shall be heard and decided by a single Judge of the High Court. 60. Except as otherwise provided by any enactment for the time being in force and subject to any rules made in this behalf, the Jurisdiction of the High Court of Judicature may be exercised by a single Judge of the Court or by a bench of two or more Judges of the Court. Except as otherwise provided by any enactment for the time being in force, an appeal from any original decree or from any order against which an appeal is permitted by any law for the time being in force passed or made by a single Judge of the High Court shall lie to a bench consisting of two other Judges of the High Court. Unless such appeal is prohibited by any enactment for the time being in force an appeal from an appellate decree made by a single Judge of the High Court shall lie to a bench consisting of two other Judges of the High Court, where the Judge who passed decree declares that the case is a fit one for appeal. The Chief Justice shall, subject to the provisions of this Act, determine which Judge in each case will sit alone and which Judge of the Court will constitute a bench. When there is a difference of opinion among the Judges composing any bench of the High Court, the decision shall be in accordance with the opinion.. Of the majority of the Judges. If there is no such majority, then if the bench is a full bench, the decision shall be in accordance with the decision of the Senior Judge, and in other cases the bench before which the difference has arisen shall either refer the question or the whole case for decision to a full bench. 63. Any single Judge, and any bench of two Judges of the High Court, not being a full bench may, in any case, refer for the decision of a full bench any question of law, or custom having the force of law, or of the construction of any document, or of the admissibily or any evidence, arising before such single Judge or bench and shall dispose of the case in accordance with the decision of the full bench. Any Judge of the High Court may, if he thinks fit, refer any appeal or application coming before him for hearing as a single Judge to a bench of two Judges for decision. 64. Subject to such rules and regulations as His Highness may make, the High Court shall have superintendence and control over all Courts for the time being subject to its appellate or revisional jurisdiction, and all such Courts shall be subordinate to the High Court. The Chief Justice, or a Judge of the High Court authorised by him in this behalf, shall from time to time visit and inspect the proceedings of the Courts subordinate to the High Court and shall give such directions in matter not provided for bylaw as may be necessary to secure the due administration of justice. 65. The High Court may, subject to the sanction of the Council and on such terms as to salary, allowances, promotion, leave, suspension and dismissal, as may be sanctioned by the Council, appoint a Registrar and a Deputy Registrar. The High Court may delegate to the Registrar or the Deputy Registrar or both such judicial, quasijudicial or administrative powers as it may deem fit. The High Court shall comply with such requisitions, as may, from time to time, be made under the commands of His Highness for records, returns and statements in such form or manner as His Highness may require; (1) The High Court may, consistently with the laws for the time being in force, make rules: to regulate the practice of the Court; to regulate the practice of the Courts subordinate thereto, to provide for the forms to be used in the High Court and the Courts subordinate thereto for such proceedings, books, entries, statistics, and accounts as it thinks fit; to provide for the inspection of Courts subordinate thereto and the supervision of the work thereof; to regulate all such matters as it may think fit with a view to promote the efficiency of the judicial and ministerial officers of the High Court and of the Courts subordinate thereto, and the maintaining of proper discipline among those officers; and prescribing the qualifications for and admission of persons to the Advocates, Vakils and Attorneys-at-law of the High Court and providing for the removal or suspension from practice, on reasonable cause, of the said Advocates, Vakils and Attorneys-at-law (2) Such rules shall be made with approval of a majority of tile Judges of the Court and the sanction of the Council. The High Court shall have the power to approve, admit and enroll such and so many Advocates, Vakils, and Attorneys-at-law, as it may deem fit. The High Court shall have the poker to punish with fine not exceeding rupees one thousand or with simple imprisonment for a period not exceeding six months or with both any person who is guilty of contempt in relation to itself or to any Court subordinate to it; Provided that the High Court shall not take cognizance of a contempt alleged to have been committed in respect of a Court subordinate to it when such contempt is an offense punishable under the Ranbir Penal Code. Notwithstanding anything provided in any enactment to the contrary, no Judge of the High Court sitting in a full bench thereof shall, by reason of his having: decided or otherwise dealt with any case, be barred from hearing and deciding the case. HIS HIGHNESS’ BOARD OF JUDICIAL ADVISERS 71. His Highness may appoint a Board of Judicial Advisers to advise him for the disposal of such civil and criminal appeals as may, under the law for the time being in force, lie to His Highness from the decisions of the High Court, and on such other matters as His Highness may choose to refer to such Board for advice. Such Board shall – be composed of as many members as His Highness may from time to time determine and such members shall be appointed by His Highness for such period and no such terms as to salary and other conditions of service as His Highness may consider proper. Every person appointed to be a member of the Board shall, before he enters upon his office, make and subscribe before His Highness or some person appointed by him an oath according to the form set out in that behalf in Schedule 1 of this Act. His Highness may appoint any person as an exofficio member of the Board of Judicial Advisers to discharge the functions of the Board during the period such Board is not in session, provided that Such ex-officio member shall not sit on the bench of the Board for hearing any appeal or other matter as is referred to such Board for advice. His Highness may make rules regulating the procedure regarding the filing of appeals to His Highness, the place or places and the period of sittings of the Board of Judicial Advisers and the hearing as such appeals and other matter as are referred to the Board for advice. The Board may, from time to time with the sanction of His Highness, add to, alter or amend the rules of procedure in such manners as they think fit. ROYAL PREROGATIVE 72. Nothing herein contained and nothing contained in any other enactment for the time being in force, shall be deemed to affect in any way or derogate from the inherent power and preprogative of His Highness or to affect in any way his prerogative of mercy and pardon, or his power of remitting, commuting or reducing sentences conditionally or otherwise. GENERAL CONSTITUENCIES S. No. (1) Name of Constituency (2) Extent of Constituency (3) No. of Members (4) (A) MUSLIM 1 Jammu City Muslim The City of Jammu 1 2 Jammu Rural Muslim The wazarat of Jammu excluding Jammu City 1 3 Udhampur Muslim The Wazarat of Udhampur 1 4 Reasi Muslim The Wazarat of Reasi 1 5 Kathua Muslim The Wazarat of Kathua 1 6 Mirpur-Kotli The Tehsils of Mirpur and Kotli 1 7 Bhimber The Tehsil of Bhimber 1 8 Haveli-Mandhar The Tehsils of Haveli and Mendhar, Jagir Poonch. 1 9 Bagh Sudhnuti The Tehsils of Bagh and Sudhnuti, Jagir Poonch 1 10 Amirakadal Ward No. 1 Srinagar City 1 11 Rainawari-Mahrajganj Ward Nos. 5,6 and 8 Srinagar City. 1 12 Fateh Kadal – Tankipura Ward Nos. 2 and 3 Srinagar City. 1 13 Shah Hamdan Ward No. 4 Srinagar City 1 14 Tashwan Ward No. 7 Srinagar City 1 15 Awantipur The Tehsils of Srinagar excluding Srinagar City, and Pulwama. 1 16 Anantnag The Tehsil of Anantnag 1 17 Kulgam The Tehsil of Kulgam 1 18 Handwara Uttarmachipura Tehsil 1 19 Badgam Sri Pratapsinghpura Tehsil 1 20 Baramulla The Tehsil of Baramulla 1 21 Muzaffarabad The Wazarat of Muzaffarabad 1 (B) HINDU 22 Jammu City North Ward Nos. 1, 2 and 3 Jammu City 1 23 Jammu City South Ward Nos. 4,5,6 and 7 Jammu City 1 24 Jammu Rural The Wazarat of Jammu, excluding Jammu City 1 25 Udhampur Hindu The Wazarat of Udhampur 1 26 Reasi Hindu The Wazarat of Reasi 1 27 Kathua Hindu The Wazarat of Kathua 1 28 Mirpur Hindu The Wazarat of Mirpur 1 29 Srinagar South Ward Nos. 1,2 and 3 Srinagar City 1 30 Srinagar North Wards Nos. 4,5,6,7 and 8 Srinagar City 1 31 Kashmir Hindu The Wazarats of Kashmir North, Kashmir South (excluding Srinagar City and Muzaffarabad) 1 (C) SIKH 32 Mirpur-Poonch  Sikh The Wazarat of Mirpur and jagir of Poonch 1 33 West Kashmir Sikh The Wazarat of Muzaffarabad and Tehsil Uttarmachipura and Baramulla SPECIAL CONSTITUENCIES S. No. (1) Name of Constituency (2) Extent of Constituency (3) No. of Members (4) TAZIMI SARDARS 1 Jammu Province including Chenani and Poonch Jagirs. 1 2 Kashmir Province including Frontier Districts. 1 (B)JAGIRDARS, MUAFIDARS, MUKKARARIDARS Holding a Jagir, -Muafior Mukkarari from the State on not less than Rs. 500 per annum. 3 Jammu Province including Chenani and Poonch Jagirs. 1 4 Kashmir Province including Frontier Districts. 1 (C)LANDHOLDERS Owing land assessed to Land Revenue of not less than Rs.250 per annum. 5 Jammu Province including Chenani and Poonch Jagirs. 1 6 Kashmir Province including Frontier Districts. 1 (D) PENSIONERS Receiving Rs. 100 or more as persion per month. 7 Jammu and Kashmir State. 1 AREAS FOR WHICH MEMBERS SHALL BE NOMINATED S. No. (1) AREAS (2) COMMUNITY (3) No. of Members (4) 1 Ladakh Wazarat Buddhist 2 2 Skardu Tebsil Muslim 1 3 Kargil Tehsil Muslim 1 4 Gilgit Wazarat Muslim 1 5 North Kashmir Wazarat Muslim 1 6 South Kashmir Wazarat Muslim 1 7 Muzaffarabad Wazarat Muslim 1 8 Jammu Wazarat Hindu 1 9 Udhampur Wazarat Hindu 1 10 Srinagar City Hindu other than Kashmari Pandit 1 11 Poonch Jagir Hindu 1 12 Chenani Jagir Hindu 1 13 Wazarat Jammu, Udhampur, Reasi, Kathua, Sikh Kashmir South and Sri Pratapsinghpura Sikh 1