Jammu and Kashmir State cannot be integrated in India: Kashmir High Court


SRINAGAR: The court has described Article 35A as one giving protection to existing laws. The state of Jammu and Kashmir possesses a distinct position. In the Indian Union. Unlike other states, state of J& K has its own constitution and a separate flag to represent itself. Though it is stated in the schedule 1 of the Indian constitution that J&K is the constituent part of India like other states but because of article 370 many constitutional exemptions are made in favour of J&K and hence confiding J&K with the inferior status to that other status and creating unique relation this state with the Indian Union. (The) Article 370, notwithstanding its title temporary provision is a permanent provision of the Constitution. It cannot be abrogated, repealed or even amended as mechanism provided under Clause (3) of Article 370 is no more available,the court observed in its judgment on a case challenging the reservation benefit in promotions to the employees. The Court also observed that the President under Article 370 (1) is conferred with power to extend any provision of the Constitution to the State with such "exceptions and modifications" as may be deemed fit subject to consultation or concurrence with the State Government. "And such power would include one to amend or alter the provision to be applied, delete or omit part of it, or make additions to the provisions proposed to be applied to the State. Such power would extend even in case of provisions of the Constitution already applied.