August 28,2018:
Jammu and Kashmir is the only state of the country which has a separate constitution. Constitution of India declares India a Union of States and does not allow states to have a separate constitution of its own but Jammu and Kashmir is an exception.PIL has been filed in Supreme Court challenging the validity of Jammu and Kashmir constitution.
PIL seeks to scrap Jammu and Kashmir Constitution on the ground that it discriminates people of the other states from those of Jammu and Kashmir.
PIL argues that this is a negation of basic structure of Indian Constitution, a principle enunciated by the Supreme Court in a landmark judgment in 1973.
Petition challenging Jammu and Kashmir constitution has been filed at a time when a legal battle over the constitutional validity of Article 35A is intensifying by the day.
Supreme Court will decide on August 31 whether petitions seeking repeal of Article 35A requires a hearing by a constitution bench.
Article 35A has worked as an administrative and legal bridge between the Centre and Jammu and Kashmir since it was first introduced through a Presidential Order in 1954. Interestingly, the Presidential Order made Article effective in Jammu and Kashmir retrospectively from 1944, when India was still under British colonial rule.
After Independence Jammu and Kashmir merged with India after its princely ruler signed the Instrument of Accession in 1947. A provisional government - called Emergency Administration - was formed under Jammu and Kashmir National Conference chief Sheikh Abdullah.
In October 1950, Sheikh Abdullah announced that a constituent assembly would be convened to draft a separate constitution for Jammu and Kashmir.
Soon notification was issued to this effect.
A constitution for Jammu and Kashmir was adopted in November 1956 and came into force on 26 July 1957.
PIL, filed in the Supreme Court, contends that the constituent assembly was "not properly constituted".
It says, "The election for 75 seats of the Constituent Assembly the State held in the month of August-September, 1951 was rigged and all 75 seats won by National Conference lead by Sheikh Abdullah."
PIL challenges several Sections of Jammu and Kashmir constitution that deny automatic citizenship to Indian citizens from other states.
It states that, "These Sections of the Jammu and Kashmir Constitution violate the fundamental rights of the Indian citizens, who are not Permanent Residents of Jammu and Kashmir."
Source PTI
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