Validity Of A Separate Constitution For Jammu And Kashmir Challenged In Supreme Court

Petitioners have questioned the validity of the Jammu and Kashmir constitution in Supreme Court, Bar and Bench has reported. They have said that the constitution of the state violates the constitution of India. Petitioners have said that they are being prevented from buying property and settling down in Jammu and Kashmir because of the state’s constitution.

Since citizens of Jammu and Kashmir are allowed to settle and buy property in any part of India, the petitioners said that the provision violated Articles 14, 19 which guarantee the fundamental right to equality and right to settle any part of India. The petition states, “The State law, being a law, within the meaning of Article 13(2) is void in so far it contravenes any of the provisions of the Constitution of India.”

Article 13 of the constitution bars the parliament from passing any law in contravention to fundamental rights enshrined in the constitution. Petitioners have also challenged the provisions in the state which bar other citizens of India to settle in the state.

Recently, Article 35A was also challenged in the Supreme Court. Article 35A accords special rights and privileges to the people of Jammu and Kashmir. It was introduced in a hush-hush manner on 14 May 1954 through a presidential order.