The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
Administered Ministry: Ministry of Law and Justice / Legislative Department
Act details
| Short title | The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968 |
|---|---|
| Act number | 3 of 1968 |
| Act year | 1968 |
| Enactment date | 23 Mar 1968 |
| Ministry | Ministry of Law and Justice / Legislative Department |
| Department | Legislative Department |
| 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| Status | Not repealed |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 Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
Key Provisions
1. Supplementation: - Supplements the Jammu and Kashmir Representation of the People Act, 1957, by applying specific sections from the Representation of the People Act, 1951 (India), to Jammu and Kashmir with modifications.
2. Modified Application of Key Sections: - Sections Applied: 116A, 116B, and 116C of the 1951 Act, adapted for Jammu and Kashmir's context.
• Modifications:
• "High Court" refers to the High Court of Jammu and Kashmir.
• "State Legislature" and its leadership refer to those of Jammu and Kashmir.
• References to the 1951 Act are aligned with the 1957 Jammu and Kashmir Act.
3. Legislative Housekeeping: - Repeal: Repeals The Jammu and Kashmir Representation of the People (Supplementary) Ordinance, 1968 (Ordinance No. 2 of 1968).
• Saving Clause: Actions under the repealed Ordinance are validated under this Act.
Legislative history
Legislative History:
The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
● Act Title - The Jammu and Kashmir Representation of the People (Supplementary) Act, 1968
● Act Number / Year - 3 of 1968
● Act ID (India Code) - 196803
● Presidential Assent Date - March 23, 1968
● Enforcement Date - March 23, 1968
● Nodal Ministry - Ministry of Law and Justice
Precedent & Historical Rationale
● Appellate Jurisdiction over Election Disputes - Enacted to supplement the Jammu and Kashmir Representation of the People Act, 1957, by providing a explicit statutory pathway for filing appeals against the decisions of the High Court of Jammu and Kashmir to the Supreme Court of India in election petitions.
● Harmonization of Electoral Jurisprudence - Formulated to align election dispute processes in the State of Jammu and Kashmir with the broader legal framework of the Representation of the People Act, 1951, applicable across other Indian states.
Parliamentary Trajectory & Enactment
● Formulation - Introduced by the Ministry of Law and Justice to replace the Jammu and Kashmir Representation of the People (Supplementary) Ordinance, 1968 (Ordinance 2 of 1968), promulgated by the President to urgently grant appellate jurisdiction to the Supreme Court for ongoing election disputes.
● Parliamentary Passage - Debated and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) during the March 1968 session.
● Presidential Assent - Received Presidential Assent on March 23, 1968.
● Enforcement - Enforced on March 23, 1968.
Source - Official Record of Parliament, India Code, and Ministry of Law and Justice.