The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973
Administered Ministry: Ministry of External Affairs
Act details
| Short title | The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973 |
|---|---|
| Long title | An Act to provide for the extension of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 to the State of Jammu and Kashmir. |
| Act number | 2 of 1973 |
| Act year | 1973 |
| Enactment date | 13 Mar 1973 |
| Ministry | Ministry of External Affairs |
| Jurisdiction | Central (Parliament of India) |
| Sections | 3 |
| Status | Not repealed |
| Last checked on India Code | 3 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973
Objective
The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973 was enacted to extend the provisions of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 to the State of Jammu and Kashmir, thereby ensuring uniform application of the law relating to the administration of oaths and collection of consular fees by Indian diplomatic and consular officers.
Key Provisions
• Extension of the 1948 Act: Extends the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 to the State of Jammu and Kashmir.
• Uniform Application: Provides that the provisions of the 1948 Act and the rules made thereunder apply to Jammu and Kashmir in the same manner as they apply to the rest of India.
• Modification of the Principal Act: Omits clause (d) of section 2 of the principal Act to facilitate its extension to Jammu and Kashmir.
• Immediate Commencement: The Act came into force immediately upon its enactment.
• Repeal of Amendment Provision: The provision relating to the amendment of section 8 of the principal Act was subsequently repealed by the Repealing and Amending Act, 1978.
Legislative history
Legislative History:
The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973
● Act Title - The Diplomatic and Consular Officers (Oaths and Fees) (Extension to Jammu and Kashmir) Act, 1973
● Act Number / Year - 2 of 1973
● Act ID (India Code) - 197302
● Presidential Assent Date - March 13, 1973
● Enforcement Date - March 13, 1973
● Nodal Ministry - Ministry of External Affairs
Precedent & Historical Rationale
● Integration of Extraterritorial Consular Provisions - Enacted to extend the parent legislation—the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (Act 41 of 1948)—to the State of Jammu and Kashmir.
● Uniformity in Notarial & Consular Functions - Formulated to ensure that legal affidavits, oaths, affirmations, and notarial acts administered by Indian diplomatic and consular officers posted abroad would hold full legal validity, admissibility, and enforceability within judicial and administrative proceedings in Jammu and Kashmir, bringing it at par with the rest of India.
Parliamentary Trajectory & Enactment
● Formulation - Introduced by the Ministry of External Affairs to extend the 1948 Act and simultaneously update Section 8 of the principal Act with standard statutory provisions requiring all rules made thereunder to be laid before both Houses of Parliament.
● Parliamentary Passage - Debated and passed by both Houses of Parliament (Fifth Lok Sabha and Rajya Sabha) during the early part of the spring session in 1973.
● Presidential Assent - Received Presidential Assent on March 13, 1973.
● Enforcement - Enforced on March 13, 1973.
Source - Official Record of Parliament, India Code, and Ministry of External Affairs.