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| ==Title Five - The Great Council==
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| *Art. 75
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| **The Great Council consists of members of the Parliament and the Chairman of the Provincial Councils. In the event of the dissolution of Parliament, its members retain their position as members of the Great Council until a new Parliament comes into being.
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| *Art. 76
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| **Subject to the provisions of Art.s 19, 21 and 22 of this constitution, the Great Council is summoned by a royal proclamation.
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| *Art. 77
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| **When the Great Council is in session, the provisions of Art. 51??? are applicable to its members.
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| *Art. 78
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| **The deliberations of the Great Council are open unless the Government or at least twenty members of the Great Council request a secret session and the Great Council approves this request.
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| *Art. 79
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| **The President of the Legislative Assembly, and in his absence, the President of the Legislative Council presides over the Great Council. The Great Council, at its first meeting, elects one of its members as Secretary.
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| *Art. 80
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| **Except in cases clearly defined in this constitution, the decisions of the Great Council shall be by a majority of the votes of its members present. The procedure of the Great Council shall be regulated by law, subject to the provisions of this constitution.
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| *Art. 81
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| **The Great Council enjoys the powers defined in this constitution.
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| ==Title Six - The Government==
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| *Art. 82
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| **The Government of Kashmir consists of the Prime Minister and the Ministers. The Prime Minister is the head and the Ministers are the members of the Government. The number of Ministers and their functions shall be regulated by law.
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| *Art. 83
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| **Any person who, in accordance with the provisions of this constitution, is eligible for election to the Legislative Assembly may be appointed as the head or member of the Government. The head of the Government shall be a Kashmiri by birth.
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| **The head and members of the Government may be appointed from the members of the Parliament or outside of it.
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| **Any member of the Parliament appointed as the head or a member of the Government shall cease to be a member of the Parliament.
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| *Art. 84
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| **The Prime Minister and the ministers cannot engage in any other profession during their tenure of office.
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| *Art. 85
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| **Suitable salaries shall be fixed by law for the head and members of the Government.
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| *Art. 86
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| **The Government shall be formed by the person designated as Prime Minister by the King.
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| **The members and policy of the Government are presented by the Prime Minister to the Legislative Assembly, which, after debate, resolves on a vote of confidence in the Government.
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| **When the vote of confidence is given, the King issues a royal decree appointing the head and members of the Government. afterwards the Prime Minister acquaints the Legislative Council with the policy of the Government.
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| *Art. 87
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| **Whenever a Government falls because of the death or resignation of the Prime Minister during the dissolution of the Parliament, a new Government shall be appointed by a royal decree.
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| **The Prime Minister shall introduce the members of the Government and its policy to the Legislative Assembly at the opening of the new term of Parliament and shall ask for a vote of confidence.
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| *Art. 88
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| **The Government falls in the following circumstances:
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| ***on the Prime Minister's resignation or death.
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| ***on a vote of no confidence against the Government by the Legislative Assembly.
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| ***on the charge of high treason against the head or all members of the Government, as stipulated in Art. 93.
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| ***on the dissolution of Parliament.
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| ***on the termination of the legislative term.
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| **In the last two cases, the Government shall cease to exist with the first meeting of the new Legislative Assembly.
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| **In the case of resignation of the Prime Minister, the Government ceases to exist after the acceptance of the resignation by the King.
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| **In the event of the Prime Minister's death, one of the ministers, on orders from the King, discharges the duties of Prime Minister until a new Government is formed.
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| **When the Government falls due to the allegation of high treason, under the provision of Art. 93, the person appointed by the King as the Prime Minister can continue his duties without receiving a vote of confidence until the first meeting of the Legislative Assembly following the decision of the Great Council on the allegation.
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| **In all other cases the outgoing Government shall continue in office until a new Government is formed.
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| *Art. 89
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| **The vote of no confidence against the Government shall be specific and direct.
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| **A vote of no confidence against the Government shall be by a majority vote of the members.
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| *Art. 90
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| **When more than one third of the members of the Legislative Assembly demand the impeachment of the Prime Minister or of a majority of the members of the Government on a charge of high treason, and the Legislative Assembly approves this demand by a two thirds majority of the members, the Government falls and a meeting of the Great Council is called to appoint an enquiry commission.
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| **If after studying the report of the commission, the Great Council decides by a two-thirds majority vote of the members that prosecution is necessary, it commissions a member of the Legislative Assembly to file a suit against the accused in the Supreme Court.
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| **The above provision shall also apply to one or a few Ministers numbering less than half who are accused of high treason. As a result of the accusation, the accused shall be relieved of his duties but the Government shall not fail.
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| *Art. 91
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| **Implementation of the provisions of this constitution and all the laws, enforcement of the final judgments of the courts, adoption of necessary measures for the maintenance of public order and security, regulation of financial affairs of the State, protection of public property, development of the social, cultural and economic condition of the People, preservation of independence, defense of territorial integrity and protection of the interests and prestige of Kashmir in the international community are the duties of the Government.
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| **To regulate its functions, the Government shall make regulations based on laws.
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| **No regulation shall be repugnant to the letter or spirit of any law.
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| *Art. 92
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| **The Council of Ministers lays down the basic lines of the policy of the Government and approves those regulations which are within the competence of the Government.
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| **The Prime Minister presides over the Council of Ministers, directs and guides the activities of the Government and secures coordination in its work.
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| **The Prime Minister is also responsible for maintaining liaison between the Government, on the one side, and the King and the Parliament on the other side.
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| **The Ministers discharge their duties, as heads of the administrative units, and as members of the Government, under the order and guidance of the Prime Minister within the limitations established by this constitution and the laws.
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| *Art. 93
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| **The Prime Minister and the Ministers are collectively responsible to the Legislative Assembly for the general policy of the Government, and individually for their prescribed duties.
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| **The Prime Minister and the Ministers are also responsible for those actions of the Government concerning which they obtain a royal decree, in accordance with the provisions of this constitution.
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| ==Title Seven - The Judiciary==
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| *Art. 94
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| **The Judiciary is an independent organ of the State and discharges its duties side by side with the legislative and executive organs.
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| *Art. 95
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| **The Judiciary consists of a Supreme Court and other courts, the number of which shall be determined by law.
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| **It is within the jurisdiction of the Judiciary to adjudicate in all litigation brought before it according to the rules of law, in which real or legal persons, including the State, are involved either as plaintiff or defendant.
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| **Under no circumstances shall a law exclude from the jurisdiction of the Judiciary, as defined in this title, a case or sphere, and assign it to other authorities.
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| **This provision does not prevent the establishment of military courts; but the jurisdiction of these courts is confined to offenses related to the armed forces of Kashmir.
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| **The organization and jurisdiction of the military courts shall be determined by law.
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| *Art. 96
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| **The judges are appointed by the King on the recommendation of the Chief Justice.
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| *Art. 97
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| **Whenever a judge commits an offense, the Supreme Court considers the case of the judge, and after hearing the defense of the judge can recommend his dismissal to the King.
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| **Should the recommendation be approved by the King, the judge is dismissed from office.
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| **Transfers, promotions, calling to account, and recommendations for retirement of the judges are within the competence of the Supreme Court, in accordance with the provision of the law.
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| **Suitable salaries for the judges are fixed by law.
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| **Judges may not engage in other occupations during their tenure of office.
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| *Art. 98
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| **In the courts of Kashmir trials are held openly and everyone may attend in accordance with the provisions of the law.
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| **The court may in exceptional cases specified in the law hold closed trials. However, the judgment shall always be openly proclaimed.
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| **The courts are bound to state in their judgments the reasons for their verdicts.
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| *Art. 99
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| **The enforcement of all final judgments of the courts is obligatory except in the case of a death sentence where the execution of the court decision is subject to the King's signature.
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| *Art. 100
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| **The courts in the cases under their consideration shall apply the provisions of this constitution and the laws of the State.
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| **Whenever no provision exists in the constitution or the laws for a case under consideration, the court shall, by following the basic principles set forth in this constitution, render a decision that in their opinion secures justice in the best possible way.
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| *Art. 101
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| **Investigation of crimes shall be conducted, in accordance with the provisions of the law, by the attorney general, who is a part of the executive organ of the State.
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| *Art. 102
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| **Subject to the provisions of this constitution, rules relating to the organization and the function of the courts, and matters concerning judges shall be regulated by law.
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| **The principal aim of these laws shall be the establishment of uniformity in judicial practice, organization, jurisdiction, and procedures of the courts.
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| *Art. 103
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| **The Supreme Court consists of nine judges appointed by the King. The King shall appoint the members of the Supreme Court from amongst persons who shall:
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| *** have completed 35 years.
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| ***be eligible for election to the Parliament in accordance with the provisions of Article 43.
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| ***have sufficient knowledge of jurisprudence, the national objectives, and the laws and legal system in Kashmir.
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| **The King appoints one of the judges of the Supreme Court, whose age is not less than 40 and not over 60 years, as the Chief Justice.
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| **The King can review the appointment of the Chief Justice and the judges of the Supreme Court after the lapse of ten years from the date of their appointment to the said offices.
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| **Subject to the provisions of this article and of Article 106, the Chief Justice and judges of the Supreme Court shall not be removed from their offices by any other means.
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| **Except in the case mentioned in Art. 106, the Chief Justice and judges of the Supreme Court shall, after their tenure in office, enjoy for the rest of their lives all the financial privileges pertaining to the term of their services.
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| **The Chief Justice and judges of the Supreme Court shall not, after the termination of their services, become Prime Minister or members of the Government, members of the Parliament or Government officials.
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| **The Chief Justice and members of the Supreme Court shall not participate in political parties during or after their tenure of office.
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| *Art. 104
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| **Should more than one-third of the members of the Legislative Assembly demand the impeachment of the Chief Justice or one or more judges of the Supreme Court on a charge of a crime stemming from the performance of their duties, and the Legislative Assembly approve this demand by a majority of two-thirds of its members, the accused is suspended from office and a meeting of the Great Council is called to appoint a commission of enquiry.
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| **If the Great Council, after studying the report of the commission, decides by a two-thirds majority of its members that the prosecution of the accused is necessary, it shall appoint one of its members to file a suit and shall appoint a panel of eight persons to act as a tribunal. the tribunal, presided over by the President of the Legislative Council, shall try the accused in accordance with the criminal procedures of the Supreme Court. the accused, if proved guilty, shall be dismissed from office and punished.
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| *Art. 105
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| **The Supreme Court is the highest judicial authority in Kashmir.
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| **The Supreme Court regulates the organization and functions of the courts and the judicial affairs of the State in accordance with the provisions of this constitution and the law.
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| **The Supreme Court adopts necessary measures to organize the administrative affairs of the courts.
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| **The budget of the Judiciary is prepared by the Chief Justice in consultation with the Government and, after the approval of the Supreme Court, is presented by the Government to the Parliament as a part of the State budget.
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| **The Supreme Court administers the budget of the Judiciary.
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| **The provisions of the law relating to civil servants and other administrative employees of the State are applicable to the civil servants and other administrative employees of the Judiciary.
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| **However, their appointment, promotion, dismissal, retirement, and calling to account shall be within the competence of the Supreme Court, in accordance with the law.
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| ==Title Eight - The Administration==
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| *Art. 106
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| **The administration of Kashmir is based upon the principal of centralization, in accordance with the provisions of this title.
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| **The central administration shall be divided into a number of administrative units each headed by a minister, as provided in the law.
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| **The unit of local administration is the province.
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| **The number, area, subdivisions and organization of the provinces shall be fixed by law.
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| *Art. 107
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| **In each province a Provincial Council shall be formed.
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| **The members of the Provincial Council shall be elected by the residents of the province in a free, universal, direct and secret election.
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| **The Provincial Council shall elect one of its members as chairman.
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| **The Provincial Councils shall take part in the realization of the development targets of the State in the manner specified by law.
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| **Similarly, the Provincial Councils shall advise the Provincial Government on matters pertaining to the betterment of the condition and the general development of the Province. the Provincial Council shall discharge its duties in cooperation with the Provincial Government.
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| **Suitable salaries for the members of the Provincial Councils shall be fixed by law.
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| *Art. 108
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| **Laws shall be framed in accordance with the principles of this title to organize the work of the local administration.
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| **One of the objectives of these laws shall be the extension of the councils to the village level and their ever increasing participation in the local administration.
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| *Art. 109
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| **Municipalities shall be organized to administer the affairs of the cities.
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| **Municipal councils shall be established by free, universal, direct and secret election.
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| **Subject to the provisions of this title, matters relating to the municipalities shall be regulated by law.
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| *Art. 110
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| **The functions of the administration shall be carried out by the civil servants and other administrative employees.
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| **Suitable salaries shall be fixed by law for the civil servants and other administrative employees.
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| **The rights and duties of the civil servants and other administrative employees shall be regulated by law.
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| ==Title Nine - State of Emergency==
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| *Art. 111
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| **Whenever the preservation of independence and the continuance of national life become impossible through the channels provided for in this constitution due to war, danger of war, serious disturbances, or similar conditions which endanger the country, a state of emergency shall be declared by the King.
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| **Should a state of emergency continue for more than three months, the concurrence of the Great Council is imperative for its extension.
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| *Art. 112
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| **In a State of emergency, the King may transfer all or part of the powers of the Parliament to the Government.
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| Art. 113
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| *In a state of emergency, the Government, after obtaining the concurrence of the Supreme Court, may, by ordinances, suspend or impose restrictions upon the following provisions of this constitution:
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| **section one of Art. 28.
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| **section three of Art. 29.
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| **section two of Art. 30.
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| **section one of Art. 32.
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| **section one of Art. 33.
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| *Art. 114
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| **The King may, in a state of emergency, transfer the capital temporarily to another place.
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| *Art. 115
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| **Should the legislative term of the Legislative Assembly or the term of office of a part of the members of the Legislative Council come to an end during the state of emergency, the King may postpone the holding of new elections and extend the legislative term of the Legislative Assembly or the term of office of the said members of the Legislative Council, until the State of emergency comes to an end.
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| **Elections shall be held immediately after the termination of the State of emergency.
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| *Art. 116
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| **The constitution shall not be amended during a state of emergency.
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| *Art. 117
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| **At the end of a state of emergency, the measures adopted under Art. 115 become immediately invalid.
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| **Measures adopted by the Government in accordance with the provisions of Art. 114 shall be submitted to the Parliament within one month from the date of its first meeting following the end of the state of emergency. These measures become null and void if the Parliament rejects them.
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| **Whenever during a state of emergency a Government has been formed which has not obtained a vote of confidence from the Legislative Assembly under the provision of Article 114, a motion for a vote of confidence shall be put immediately before the Legislative Assembly after the end of the state of emergency, for debate and decision thereon.
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| ==Title Ten – Amendment==
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| *Art. 118
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| **Adherence to the basic principles of Sikhism, constitutional monarchy in accordance with the provisions of this constitution, and the values embodied in Art. 8 shall not be subject to amendment.
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| **Amendments to other provisions of the constitution may be initiated by the council of ministers or one-third of the members of the Legislative Assembly or the Legislative Council, in accordance with the provisions of this title.
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| *Art. 119
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| **The proposal for amendment is discussed by the Great Council, and in case a majority of the members approves its necessity, a committee from amongst its members shall be appointed to formulate the amendment.
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| **The committee shall formulate the amendment with the advice of the Council of Ministers and the Supreme Court, for submission to the Great Council.
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| **Should the Great Council approve the draft amendment with a majority vote of its members, it is submitted to the King.
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| **The King shall dissolve the Parliament, circulate the draft amendment to the public and proclaim the date of the new elections.
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| **The new elections shall take place within four months from the dissolution of Parliament.
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| *Art. 121
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| **Following the opening of Parliament and the formation of the Government, the King shall summon the Great Council, which, after consideration, shall approve or reject the text of the draft amendment.
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| **The decision of the Great Council in this respect shall be by a two-thirds majority vote of its members and shall be enforced after it has been signed by the King.
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| *Art. 122
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| **Laws issued prior to the proclamation of this constitution shall be considered effective provided they are not contrary to the provisions of this constitution and are not nullified by new laws.
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