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Another PIL in SC, this time against J&K Constitution itself
8/24/2018 10:26:35 PM
Early times Report
JAMMU, Aug 24: 6 PILs were already filed in the Supreme Court by the concerned citizens and NGOs like "We The Citizens" challenging the very constitutional validity of Article 35-A, which was applied to the solitary State of Jammu & Kashmir through backdoor on May 14, 1954 w.e.f. May 14, 1944. India that time was under the British rule and Jammu & Kashmir still a princely state. The apex court will hear these PILs on August 31 and decide if the whole issue of 35-A could be referred to 5-member constitution bench.
And now one more PIL has been filed in the apex court and it has challenged the very Jammu & Kashmir Constitution, which was adopted in November 1956 and enforced on July 26, 1957. The PIL has been filed by Major Ramesh Upadhaya and four others and they had urged the apex court to scrap it on the ground that it discriminates between the people of Jammu & Kashmir and the rest of the Indians and this negates the basic structure of the Indian Constitution.
The petitioners have challenged in particular Sections 6, 7, 8, 9, 10, 50(2), 140 and 144 of the Jammu & Kashmir Constitution, saying Jammu & Kashmir is part of the Indian Union and it cannot have powers to deny citizenship to any Indian. It is for the Union Government to decide citizenship, they have argued in their petition. "These Sections of the Jammu & Kashmir Constitution violate the fundamental rights of the Indian citizens, who are not Permanent Residents of Jammu& Kashmir," the petition has said, adding that "the laws passed by the Jammu & Kashmir Legislature cannot overrule the central laws dealing with the citizenship issue".
The petition has even challenged the constitution of the Jammu & Kashmir Constituent Assembly on the ground that "it was not properly constituted". It bears recalling that 73 out of 75 members of the Jammu & Kashmir Constituent Assembly had been elected unopposed as the Sheikh Abdullah administration had rejected the nomination papers of all these 73 candidates for no valid reasons. Sheikh Abdullah himself was declared elected unopposed.
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