Ok dear all, lets get basic text out of the way and we can refer to it as and when needed.
Article 370 of Constitution of India
(Part XXI.—Temporary, Transitional and Special
Provisions.—Art. 370.)
1[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;
( 238 repealed by 7th Amendment)
(b) the power of Parliament to make laws for the said State shall be limited to—
(i) those matters in the Union List (UL)and the Concurrent List(CL) which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession (IOA) governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ( i.e. those matters in UL and CL which correspond to matters listed in IOA)
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify. ( i.e. those matters which do not correspond to matters listed in IOA)
Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the
Maharaja’s Proclamation dated the fifth day of March, 1948;
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
1In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the Explanation in cl. (1) thereof, the following Explanation is substituted, namely:—
“Explanation.—For the purposes of this article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir,
acting on the advice of the Council of Ministers of the State for the time being in office.”. (Ministry of Law Order No. C.O. 44, dated the 15th November, 1952). *Now “Governor”.
APPENDIX I
1THE CONSTITUTION (APPLICATION TO JAMMU
AND KASHMIR) ORDER, 1954
C.O. 48
In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir, is pleased to make the following Order:—
1. (1) This Order may be called the Constitution (Application to Jammu and Kashmir) Order, 1954.
(2) It shall come into force on the fourteenth day of May, 1954, and shall thereupon supersede the Constitution (Application to Jammu and Kashmir) Order, 1950.
{snip}
“35A. Saving of laws with respect to permanent residents and their rights.—
Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,—
(a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or
(b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions
as respects—
(i) employment under the State Government;
(ii) acquisition of immovable property in the State;
(iii) settlement in the State; or
(iv) right to scholarships and such other forms of aid as the State Government may provide,
shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part.”.
{snip}
“248. Residuary powers of legislation.—Parliament has exclusive power to make any law with respect to—
7[(a) prevention of activities involving terrorist acts directed towards overawing the Government as by law established or striking
terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst
different sections of the people;]
8[(aa)]9[prevention of other activities] directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or 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 this Constitution; and
(b) taxes on—
(i) foreign travel by sea or air;
(ii) inland air travel;
(iii) postal articles, including money orders, phonograms and telegrams.”.
1[Explanation.—In this article, “terrorist act” means any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or any other substances (whether biological or otherwise) of a hazardous nature.]
2[(bb) In article 249, in clause (1), for the words “any matter enumerated in the State List specified in the resolution”, the words “any matter specified in the resolution, being a matter which is not enumerated in the Union List or in the Concurrent List” shall be substituted.]]
(c) In article 250, for the words “to any of the matters enumerated in the State List”, the words “also to matters not enumerated in the Union List” shall be substituted.
3* * * * *
(e) To article 253, the following proviso shall be added, namely:—
“Provided that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting
the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.”.
5[(g)] Article 256 shall be re-numbered as clause (1) of that article, and the following new clause shall be added thereto, namely:—
“(2) The State of Jammu and Kashmir shall so execise its executive power as to facilitate the discharge by the Union of its duties and
responsibilities under the Constitution in relation to that State; and in particular, the said State shall, if so required by the Union, acquire or requisition property on behalf and at the expense of the Union, or if the property belongs to the State, transfer it to the Union on such terms as may be agreed, or in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India.”.
{snip}
1[(b)] To article 367, there shall be added the following clause, namely:—
“(4) For the purposes of this Constitution as it applies in relation to the State of Jammu and Kashmir—
{snip}
4[(d)] 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, 1954 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;
{snip}
1[(a)] 2[To clause (2) of article 368], the following proviso shall be added, namely:—
“Provided further that no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under clause (1) of article 370.”.
{snip}
2[(22) SEVENTH SCHEDULE.
(a) In the Union List—
{snip}
3[(ii) entries 8, 9 4[and 34], 5*** entry 79, and the words “Inter-State migration” in entry 81 shall be omitted;]
{snip}
(b) Article 81.—For clauses (2) and (3), substitute the following clauses, namely:—
“(2) For the purposes of sub-clause (a) of clause (1),—
(a) there shall be allotted to the State six seats in the House of the People;
(b) the State shall be divided into single-member territorial constituencies by the Delimitation Commission constituted under
the Delimitation Act, 1972, in accordance with such procedure as the Commission may deem fit;
(c) the constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; and
(d) the constituencies into which the State is divided shall not comprise the area under the occupation of Pakistan.
{snip}
Article 368.—
(a) in clause (2), add the following further proviso, namely:—
“Provided further that no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by
order of the President under clause (1) of article 370.”;
(b) Omit clauses (4) and (5) and after clause (3) add the following clause, namely :—
“(4) 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 the Constitution of Jammu and Kashmir relating to:—
(a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the Governor; or
(b) 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 Jammu and Kashmir, shall have any effect unless such law has, after having been reserved for
the consideration of the President, received his assent.”.