The order of 1954
On 15/2/1954, the Jammu & Kashmir Constituent Assembly, with Bakshi Ghulam Mohammed as CM, ratified the State’s Accession to India. 1 pg 126
The Constitutional Order of 1950 and 1952 were superseded by the Order of May 1954. (included terms related to the Delhi Agreement 1952 and Article 35A referred to later). After discussion in the Assembly various decisions were communicated to the Government of India for action. On 14/5/1954, the President of India (on advice of the Council of Ministers but without any reference to Parliament) issued an Order Constitution (Application to J&K) Order 1954, in which many significant exceptions and modifications were made in our Constitution with respect to the State.
As it now stands, this Order summarises the portions of the Indian Constitution that are applicable to J&K, and elaborates those provisions that are not extended to that State and those that are applicable to it with modifications.
The 1954 order was amended 42 times till 1994 with the concurrence of the State Government. What these amendments did was to grant several concessions to J&K.
The Constitutional Order of 14/5/1954 is carried as Appendix I and a restatement of modifications etc is listed as Appendix II in the Constitution of India. A major objection exists to including Appendix I&II under the title ‘Constitution of India’ since every such order is issued only as an executive order of the President of India under Article 370 and does not undergo the rigorous Parliamentary procedure set out in Article 368 (this article stipulates a detailed procedure involving both houses of Parliament, and in certain cases Legislatures of all States) relating to amendment of the Constitution.
Conversely if the 1954 Order is deemed to be part of the Constitution of India then the Order was
virtually a fraud committed on Indian polity in so far as it was passed without consent from the requisite majority from Parliament as required under Article 368. Thus, the 1954 Order issued by the President of India under clause (2) of Article 370 can be construed to be a Constitutional abuse of Article 370.
A 20/8/2014 Hindustan Times report states that an NGO filed a PIL in SC challenging the validity of Article 35A. (http://www.htsyndication.com/htsportal/article/RESPOND-TO-PIL-CHALLENGING-VALIDITY-OF-ARTICLE-35A%3A-SC/5280207%20)
It is for legal luminaries to decide whether the Constitutional Order of 1954 is part of the Indian Constitution and whether the President of India has powers to issue Orders making changes in the Constitution without going to Parliament!