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Report No. 43

2.5. Extent of the new law.-

The territorial extent of the new law may now be considered. Of the various Acts whose provisions are to be incorporated in the new law, the Unlawful Activities (Prevention) Act, 1967, the Foreign Recruiting Act, 1874, and the Official Secrets Act, 1923, extend to the whole of India1 including the State of Jammu and Kashmir. It appears to us that the provisions of these Acts fall under Entries 1 and 2 of the Union List, supported if need be by entry 97. Entries 1 and 2 apply without any modification,of the State of Jammu and Kashmir. As regards entry 97 it has in its application to this State been modified as follows:-

"97. Prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and this Constitution."

The modified entry clearly covers the Unlawftil Activities (Prevention) Act, 1967.

1. The Unlawful Activities Act was amended in 1969 so as to extend it to the whole of India; the other two Acts were amended by the Part B States Laws Ac,t (3 of 1951) so as to extend them to the whole of India.



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