Supplementary Legal Instruments

Constitutional Appendices

Official Presidential Orders, Territorial Enclave Amendments, and Archival Extracts published by the Legislative Department, Ministry of Law and Justice, Government of India.

Total Appendices

Operative Orders/Acts

Uncommenced Extracts

Historical Orders

Constitutional Invariant: Operative orders (like C.O. 272 and C.O. 273) carry the force of supreme constitutional law, whereas uncommenced sections (such as 44th Amendment s. 3) and superseded orders (1954 C.O. 48) are preserved strictly for historical and legal scholarship.

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APPENDIX IAct No. 100 of 2015

Operative Constitutional Law

The Constitution (One Hundredth Amendment) Act, 2015

Acquisition and Transfer of Territories between India and Bangladesh (Land Boundary Agreement 1974 & 2011 Protocol)

Promulgated: 28 May 2015

Effective: 31 July 2015

Current operative constitutional text amending the First Schedule to demarcate India-Bangladesh international borders.

Plain Explanation

Appendix I contains the official statutory text of the 100th Constitutional Amendment Act, 2015, which ratified the historic 1974 Land Boundary Agreement and its 2011 Protocol between the Governments of India and Bangladesh. It formally amended the First Schedule of the Constitution of India across the border States of Assam, West Bengal, Meghalaya, and Tripura, exchanging 111 Indian enclaves in Bangladesh for 51 Bangladeshi enclaves in India and granting full citizenship rights to residents.

Historical Background

Following the 1947 partition of Bengal by the Radcliffe Boundary Commission, complex enclaves (chitmahals) left thousands of families isolated inside each other’s national territories without basic civil rights or administrative access. Prime Ministers Indira Gandhi and Sheikh Mujibur Rahman signed the Land Boundary Agreement on 16 May 1974. A formal Protocol was signed on 6 September 2011. Parliament passed the 100th Constitutional Amendment Act unanimously in May 2015, enabling the physical handover of enclaves on midnight of 31 July 2015.

Constitutional Jurisprudence

Under the landmark precedent In re Berubari Union (1960), the Supreme Court ruled that any cession of Indian territory to a foreign power cannot be accomplished by mere executive action or ordinary law under Article 3/4, but requires a constitutional amendment under Article 368. The 100th Amendment satisfied this constituent requirement, redrawing the territorial definitions of four Indian States in the First Schedule.

Key Constitutional Provisions & Impacts

Amended the First Schedule regarding the territories of Assam, West Bengal, Meghalaya, and Tripura
Exchanged 111 Indian enclaves in Bangladesh (17,160.63 acres) for 51 Bangladeshi enclaves in India (7,110.02 acres)
Demarcated the remaining 6.1 km un-demarcated border sector in Daikhata-56, Muhuri River-Belonia, and Lathitilla-Dumabari
Preserved the citizenship and rehabilitation rights of over 50,000 residents living across the exchanged territories

Connected Articles, Schedules & Amendments

First Schedule: The States and Union Territories (Assam, West Bengal, Meghalaya, Tripura)Article 1: Name and territory of the Union Article 4: Laws made under articles 2 and 3 and amendment of First and Fourth Schedules 100th Constitutional Amendment Act, 2015

APPENDIX IIC.O. 272[G.S.R. 551(E)]

Operative Presidential Order

The Constitution (Application to Jammu and Kashmir) Order, 2019

Presidential Order C.O. 272 superseding C.O. 48 of 1954 and modifying Article 367 in relation to Jammu and Kashmir

Promulgated: 5 August 2019

Effective: 5 August 2019

Current operative constitutional order issued under Article 370(1) applying all constitutional provisions to Jammu and Kashmir.

Plain Explanation

Appendix II contains Presidential Order C.O. 272, issued by President Ram Nath Kovind on 5 August 2019 under Article 370(1) with the concurrence of the Governor of Jammu and Kashmir. This order immediately superseded the 1954 Presidential Order (C.O. 48) and applied all provisions of the Constitution of India to Jammu and Kashmir. It also added clause (4) to Article 367, construing references to the "Sadar-i-Riyasat" and "Government of the State" as the Governor, and the "Constituent Assembly of the State" in Article 370(3) as the "Legislative Assembly of the State".

Historical Background

Under Article 370 as originally enacted, the President had power under Article 370(1)(d) to issue orders applying provisions of the Indian Constitution with exceptions and modifications. In 1954, President Rajendra Prasad issued C.O. 48, which governed J&K’s constitutional relations for 65 years. On 5 August 2019, while Jammu & Kashmir was under President’s Rule pursuant to Article 356, the Union Government advised the President to issue C.O. 272, superseding C.O. 48 in its entirety.

Constitutional Jurisprudence

C.O. 272 was the first operative step in the constitutional restructuring of Jammu and Kashmir. On 11 December 2023, a unanimous 5-judge Constitution Bench of the Supreme Court of India in In re Article 370 of the Constitution (2023) 11 SCC 1 upheld the President’s power to apply all provisions of the Indian Constitution to Jammu and Kashmir under Article 370(1)(d), while clarifying that modifying Article 370 through an amendment to the interpretation clause (Article 367) was ultra vires because an interpretation clause cannot be used to indirectly amend the substantive text of an article.

Key Constitutional Provisions & Impacts

Superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 (C.O. 48) at once
Declared that all provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir
Added clause (4) to Article 367 for the purposes of the Constitution as applied to Jammu and Kashmir
Substituted the phrase "Constituent Assembly of the State" in Article 370(3) with "Legislative Assembly of the State"

Connected Articles, Schedules & Amendments

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir Article 367: Interpretation Appendix III: Declaration under Article 370(3) (C.O. 273)

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NOTIFICATION
New Delhi, the 5th August, 2019

G.S.R. 551(E).—The following Order made by the President is published for general information:—

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 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, 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;
(c) 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’.”

RAM NATH KOVIND,
President.

[F. No. 19(2)/2019-Leg.I]
DR. G. NARAYANA RAJU, Secretary.

Source: The Constitution of India (as on 1 May 2026), Appendix II (Ministry of Law and Justice, Legislative Department, Government of India)

Official Source

APPENDIX IIIC.O. 273[G.S.R. 562(E)]

Operative Presidential Declaration

Declaration under Article 370(3) of the Constitution

Presidential Order C.O. 273 declaring Article 370 inoperative and establishing full application of the Constitution without exception

Promulgated: 6 August 2019

Effective: 6 August 2019

Current operative constitutional declaration rendering Article 370 clauses inoperative and establishing unreserved constitutional application.

Plain Explanation

Appendix III contains Presidential Order C.O. 273, promulgated on 6 August 2019 following statutory resolutions passed by both Houses of Parliament (Rajya Sabha on 5 August and Lok Sabha on 6 August 2019). The President declared under Article 370(3) read with Article 370(1) that all clauses of Article 370 ceased to be operative, and substituted the article with a single operative mandate: that all provisions of the Indian Constitution apply to Jammu and Kashmir without any modifications or exceptions whatsoever, superseding any contrary laws, judgments, or historical agreements.

Historical Background

On 5 August 2019, Union Home Minister Amit Shah moved statutory resolutions in the Rajya Sabha recommending that the President issue a declaration under Article 370(3). Parliament approved the resolution with an overwhelming majority. On 6 August 2019, President Ram Nath Kovind issued C.O. 273, ending the special temporary status that had existed since 26 January 1950.

Constitutional Jurisprudence

In In re Article 370 of the Constitution (2023) 11 SCC 1, the Supreme Court of India unanimously upheld the President’s power to declare Article 370 inoperative under Article 370(3). The Court held that Article 370 was always a temporary provision intended to facilitate constitutional integration, that the dissolution of the Jammu & Kashmir Constituent Assembly in 1957 did not freeze or extinguish the President’s power under Article 370(3), and that the declaration in C.O. 273 was valid.

Key Constitutional Provisions & Impacts

Promulgated by the President on the recommendation of Parliament under Article 370(3) read with Article 370(1)
Declared that all clauses of Article 370 cease to be operative from 6 August 2019
Replaced Article 370 with a single operative command applying all provisions of the Constitution without exceptions
Overrode any contrary provisions in Article 152, Article 308, the Jammu and Kashmir Constitution, or historical treaties

Connected Articles, Schedules & Amendments

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir Article 152: Definition of State Article 308: Interpretation of Part XIV (Services)Article 363: Bar to interference by courts in disputes arising out of certain treaties and agreements

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NOTIFICATION
New Delhi, the 6th August, 2019

G.S.R. 562(E).—The following Declaration made by the President is notified for general information:—

DECLARATION UNDER ARTICLE 370(3) OF THE CONSTITUTION
C.O. 273

In exercise of the powers conferred by clause (3) of article 370 read with clause (1) of article 370 of the Constitution of India, the President, on the recommendation of Parliament, is pleased to declare that, as from the 6th August, 2019, all clauses of the said article 370 shall cease to be operative except the following which shall read as under, namely:—

“370. All provisions of this Constitution, as amended from time to time, without any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding anything contrary contained in article 152 or article 308 or any other article of this Constitution or any other provision of the Constitution of Jammu and Kashmir or any law, document, judgement, ordinance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the territory of India, or any other instrument, treaty or agreement as envisaged under article 363 or otherwise.”

RAM NATH KOVIND,
President.

[F. No. 19(3)/2019-Leg.I]
DR. G. NARAYANA RAJU, Secretary.

Source: The Constitution of India (as on 1 May 2026), Appendix III (Ministry of Law and Justice, Legislative Department, Government of India)

Official Source

APPENDIX IVAct No. 44 of 1978 (Section 3)

Uncommenced Statutory Extract

Extracts from the Constitution (Forty-fourth Amendment) Act, 1978

Section 3 of the 44th Amendment Act, 1978 amending Article 22 (Preventive Detention Advisory Boards) — Uncommenced Statutory Extract

Promulgated: 30 April 1979

Effective: Unnotified / Not brought into force

Enacted by Parliament in 1978 but never brought into force by executive notification; remains an archival reference in official editions.

Plain Explanation

Appendix IV contains Section 3 of the Constitution (Forty-fourth Amendment) Act, 1978. In the aftermath of the 1975–1977 Emergency, Parliament enacted reforms to constrain executive abuse of preventive detention. Section 3 proposed reducing the maximum period of preventive detention without Advisory Board approval from three months to two months and mandated that Advisory Boards must be constituted exclusively on the recommendation of the Chief Justice of the High Court and headed by a serving High Court judge. However, Section 1(2) allowed the executive to appoint different commencement dates, and Section 3 was never notified by the Central Government.

Historical Background

Following the internal Emergency and widespread detention under the Maintenance of Internal Security Act (MISA), the Janata Party government enacted the 44th Amendment in 1978 to restore civil liberties. While most provisions came into force on 20 June 1979 or 1 August 1979, Section 3 was deliberately kept pending notification. Subsequent governments have also refrained from notifying this provision, leaving the original 3-month detention ceiling in Article 22(4) operative.

Constitutional Jurisprudence

In the landmark case A.K. Roy v. Union of India (1982) 1 SCC 271, a 5-judge Constitution Bench addressed whether a writ of mandamus could compel the Central Government to bring Section 3 into force. Chief Justice Y.V. Chandrachud ruled that the judiciary cannot issue mandamus to compel the executive to notify an uncommenced statute or constitutional amendment, as Parliament expressly vested discretion in the Central Government. Official editions of the Constitution print this section in the appendices to reflect Parliament’s enacted intent alongside its uncommenced legal reality.

Key Constitutional Provisions & Impacts

Proposed substituting Article 22(4) to reduce the maximum detention period without Advisory Board approval from 3 months to 2 months
Mandated that the Advisory Board Chairman must be a serving High Court Judge appointed on the Chief Justice’s recommendation
Proposed deleting sub-clause (a) of Article 22(7) which allowed Parliament to authorize detention beyond 3 months without Advisory Board opinion
Remains unnotified; operative law continues under Article 22(4) as originally framed

Connected Articles, Schedules & Amendments

Article 22: Protection against arrest and detention in certain cases 44th Constitutional Amendment Act, 1978

APPENDIX VC.O. 48

Historical / Superseded Order

The Constitution (Application to Jammu and Kashmir) Order, 1954 & Re-statement of Modifications

Presidential Order C.O. 48 and Article 35A — Historical Constitutional Framework Governing J&K (1954–2019)

Promulgated: 14 May 1954

Effective: Operated 14 May 1954 to 5 August 2019 (Superseded)

Historic constitutional order that governed Jammu and Kashmir for 65 years until formally superseded by C.O. 272 on 5 August 2019.

Plain Explanation

Appendix V documents the historical constitutional arrangement established by Presidential Order C.O. 48, issued by President Dr. Rajendra Prasad on 14 May 1954 on the recommendation of the Jammu and Kashmir Constituent Assembly. For 65 years, C.O. 48 formed the bedrock of J&K’s relationship with India, applying selected provisions of the Indian Constitution with major exceptions and modifications. Most notably, it inserted Article 35A into Part III, empowering the J&K State Legislature to define "permanent residents" and grant them exclusive rights in state employment, property ownership, settlement, and state scholarships, while barring other Indian citizens from acquiring immovable property in the State.

Historical Background

Following the 1952 Delhi Agreement between Prime Minister Jawaharlal Nehru and Prime Minister of J&K Sheikh Abdullah, the Jammu & Kashmir Constituent Assembly ratified accession to India on 15 February 1954. President Rajendra Prasad subsequently promulgated C.O. 48. Between 1954 and 2019, successive Presidential Orders amended C.O. 48 roughly 47 times, progressively extending the jurisdiction of the Supreme Court, the Election Commission, the Comptroller and Auditor-General, and financial articles to J&K.

Constitutional Jurisprudence

C.O. 48 and Article 35A ceased to exist on 5 August 2019 when President Ram Nath Kovind issued C.O. 272, which explicitly superseded C.O. 48. In the 2023 Article 370 verdict, the Supreme Court noted that while C.O. 48 was the operational vehicle for 65 years of asymmetric federalism, its supersession and the consequent termination of Article 35A was validly carried out through the constitutional mechanism of Article 370(1)(d). This material is preserved as an indispensable historical reference for constitutional researchers and citizens.

Key Constitutional Provisions & Impacts

Promulgated by President Rajendra Prasad on 14 May 1954 under Article 370(1)
Inserted Article 35A into Part III saving laws of the J&K Legislature regarding permanent residents and property rights
Restricted the application of Union legislative powers to subjects specified in the Instrument of Accession
Formally superseded in its entirety by C.O. 272 on 5 August 2019; no longer current operative law

Connected Articles, Schedules & Amendments

Article 370: Temporary provisions with respect to the State of Jammu and Kashmir Appendix II: Modern C.O. 272 (which superseded C.O. 48)Appendix III: Modern C.O. 273 (Declaration of Full Application)

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The 12 Schedules 106 Amendments