ANNEXURE 1

Article 368A of the Federation’s Constitution reads as follows:

1] An amendment to this Constitution may be proposed by a popular initiative signed by at least

one million registered voters.

2] A popular initiative for an amendment to this Constitution may be in the form of a general
suggestion or a formulated draft Bill.

3] If a popular initiative is in the form of a general suggestion, the promoters of that popular
initiative shall formulate it into a draft Bill.

4] The promoters of a popular initiative shall deliver the draft Bill and the supporting signatures
to the Independent Electoral and Boundaries Commission, which shall verify that the initiative is
supported by at least one million registered voters.

5] If the Independent Electoral and Boundaries Commission is satisfied that the initiative meets
the requirements of this Article, the Commission shall submit the draft Bill to each state
assembly for consideration within three months after the date it was submitted by the
Commission.

6] If a state assembly approves the draft Bill within three months after the date it was submitted
by the Commission, the speaker of the state assembly shall deliver a copy of the draft Bill jointly
to the Speakers of the two Houses of Parliament, with a certificate that the state assembly has
approved it.

7] If a draft Bill has been approved by a majority of the state assemblies, it shall be introduced
in Parliament without delay.

8] A Bill under this Article is passed by Parliament if supported by a majority of the members of
each House.

9] If Parliament passes the Bill, it shall be submitted to the President for assent.

10] If the Bill relates to an aspect of the basic structure of the Constitution, the proposed
amendment shall be submitted to the people in a referendum.
 ANNEXURE 2

Article 3 of the Federation’s Constitution reads as follows:

(3) Formation of new States and alteration of areas, boundaries or names of existing States.-
Parliament may by law-

(a) form a new State by separation of territory from any State or by uniting two or more States or
parts of States or by uniting any territory to a part of any State,

(b) increase the area of any State;

I diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on
the recommendation of the President and unless, where the proposal contained in the Bill affects
the area, boundaries or name of any of the States [***], the Bill has been referred by the
President to the Legislature of that State for its consent thereon within such period as may be
specified in the reference or within such further period as the President may allow and the
period so specified or allowed has expired.]

[Explanation I.-In this article, in clauses (a) to (e), “State” includes a Union territory, but in the
proviso, “State” does not include a Union territory.

Explanation II.-The power conferred on Parliament by clause (a) includes the power to form a
new State or Union territory by uniting a part of any State or Union territory to any other State
or Union territory.]
 ANNEXURE 3

Article 139 of Switzerland’s Constitution reads as follows:

Art. 139 Popular initiative requesting a partial revision of the Federal Constitution in specific
terms:

1 Any 100,000 persons eligible to vote may within 18 months of the official publication of their
initiative request a partial revision of the Federal Constitution.

2 A popular initiative for the partial revision of the Federal Constitution may take the form of a
general proposal or of a specific draft of the provisions proposed.

3 If the initiative fails to comply with the requirements of consistency of form, and of subject
matter, or if it infringes mandatory provisions of international law, the Federal Assembly shall
declare it to be invalid in whole or in part.

4 If the Federal Assembly is in agreement with an initiative in the form of a general proposal, it
shall draft the partial revision on the basis of the initiative and submit it to the vote of the People
and the Cantons. If the Federal Assembly rejects the initiative, it shall submit it to a vote of the
People; the People shall decide whether the initiative should be adopted. If they vote in favour,
the Federal Assembly shall draft the corresponding bill.

5 An initiative in the form of a specific draft shall be submitted to the vote of the People and the
Cantons. The Federal Assembly shall recommend whether the initiative should be adopted or
rejected. It may submit a counter-proposal to the initiative.
 ANNEXURE 4

Article 370(unamended) of the Federation’s Constitution reads as follows:

370. Temporary provisions with respect to the State of Jammu and Kashmir, -(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 the
Instrument of Accession 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

(ii) such other matters in the said Lists as, with the concurrence of the Government of the State,
the President may by order specify.

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 (1) 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 (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 shall be necessary
before the President issues such a notification.
 ANNEXURE 5

Article 368 of the Federation’s Constitution reads as follows:

368. Power of Parliament to amend the Constitution and procedure therefore-

(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent
power amend by way of addition, variation or repeal any provision of this Constitution in
accordance with the procedure laid down in this article.

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the
purpose in either House of Parliament, and when the Bill is passed in each House by a majority
of the total membership of that House and by a majority of not less than two-thirds of the
members of that House present and voting, [it shall be presented to the President who shall give
his assent to the Bill and thereupon,] the Constitution shall stand amended in accordance with
the terms of the Bill:

Provided that if such amendment seeks to make any change in-

(a) Article 54, article 55, article 73, article 162, article 241 or article 279-A, or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article,

the amendment shall also require to be ratified by the Legislatures of not less than one-half of
the States [***] by resolution to that effect passed by those Legislatures before the Bill making
provision for such amendment is presented to the President for assent.

(3) Nothing in article 13 shall apply to any amendment made under this article.
 ANNEXURE 6

Relevant provisions from

The Constitution (Application to Jammu and Kashmir) Order, 1954 C.O. 48

(2) PART I. Article 3. — (a) Add the following further proviso, namely:—

“Provided further that no Bill providing for increasing or diminishing the area of the State of
Jammu and Kashmir or altering the name or boundary of that State shall be introduced in
Parliament without the consent of the Legislature of that State.”;

(b) omit Explanation I and Explanation II.

(21) PART XX. 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.”
 ANNEXURE 7

The Constitution (Application to Jammu and Kashmir) Order, 2019 C. O. 272

In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the
President, with the concurrence of the Government of 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,
2019.

(2) It shall come into force at once, and shall thereupon supersede the Constitution (Application
to Jammu and Kashmir) Order, 1954 as amended from time to time.

2. All the provisions of the Constitution, as amended from time to time, shall apply in relation to
the State of Jammu and Kashmir and the exceptions and modifications subject to which they
shall so apply shall be as follows:—

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—

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

(b) references to the person for the time being recognized 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,
shall be construed as references to the Governor of Jammu and Kashmir;

© references to the Government of the said State shall be construed as including references to
the Governor of Jammu and Kashmir acting on the advice of his Council of Ministers; and

(d) in proviso to clause (3) of article 370 of this Constitution, the expression “Constituent
Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.
 ANNEXURE 8

Article 356 of the Federation’s Constitution reads as follows:

356. Provisions in case of failure of constitutional machinery in States.-

(1) If the President, on receipt of report from the Governor [***] of State or otherwise, is
satisfied that a situation has arisen in which the Government of the State cannot be carried on in
accordance with the provisions of this Constitution, the President may by Proclamation-

(a) assume to himself all or any of the functions of the Government of the State and all or any of
the powers vested in or exercisable by the Governor [***] or any body or authority in the State
other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the
authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary
or desirable for giving effect to the objects of the Proclamation, including provisions for
suspending in whole or in part the operation of any provisions of this Constitution relating to
any body or authority in the State:

Provided that nothing in this clause shall authorize the President to assume to himself any of the
powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation
of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation under this article shall be laid before each House of the Parliament and
shall, except where it is a Proclamation revoking al Previous Proclamation, cease to operate at
the expiration of two months unless before the expiration of that period it has been approved by
resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a
Proclamation revoking a previous Proclamation) is issued at a time when the House of the
People is dissolved or the dissolution of the House of the People takes place during the period of
two months referred to in this clause, and if a resolution approving the Proclamation has been
passed by the Council of States, but no resolution with respect to such Proclamation has been
passed by the House of the People before the expiration of that period, the Proclamation shall
cease to operate at the expiration of thirty days from the date on which the House of the People
first sits after its reconstitution unless before the expiration of the said period of thirty days a
resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a
period of six months from the date of issue of the Proclamation:

Provided that if and so often as a resolution approving the continuance in force of such a
Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked,
continue in force for a further period of [six months] from the date on which under this clause it
would otherwise have ceased to operate, but no such Proclamation shall in any case remain in
force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such
period of six months] and a resolution approving the continuance in force of such Proclamation
has been passed by the Council of States, but no resolution with respect to the continuance in
force of such Proclamation has been passed by the House of the People during the said period,
the Proclamation shall cease to operate at the expiration of thirty days from the date on which
the House of the People first sits after its reconstitution unless before the expiration of the said
period of thirty days a resolution approving the continuance in force of the Proclamation has
been also passed by the House of the People.

Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of
May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to
"three years" shall be construed as a reference to five years.

(5) Notwithstanding anything contained in clause (4), a resolution with respect to the
continuance in force of a Proclamation approved under clause (3) for any period beyond the
expiration of one year from the date of issue of such Proclamation shall not be passed by either
House of Parliament unless-

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in
the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved
under clause (3) during the period specified i such resolution is necessary on account of
difficulties in holding general elections to the Legislative Assembly of the State concerned:
Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on
the 11th day of May, 1987 with respect to the State of Punjab.