HOME > SOCIETY > LAW > No plans to impose Indian constitution on Jammu & Kashmir judiciary – Govt

No plans to impose Indian constitution on Jammu & Kashmir judiciary – Govt

Flag of Jammu & Kashmir

Law minister Ravi Shankar Prasad today said the government of India had no plans to force judiciary in the state of Jammu & Kashmir to take their oath of office on the Indian constitution instead of the state constitution.

Prasad was responding to a question on why judges of the Jammu & Kashmir High Court take an oath to uphold the constitution of the state, instead of the Indian constitution, when swearing in.

Prasad said it is because the state has its own constitution that is separate and distinct from the Indian constitution and there were no plans to change the situation.

Like other princely states, Jammu & Kashmir was given the option of calling a constituent assembly and creating its own constitution instead of accepting the Indian constitution when it acceded to India.

However, unlike the other states, Jammu & Kashmir actually made use of the provision and set up a constituent assembly in 1951, which took five years to create a constitution for the state.

Even as the constituent assembly was being convened, a temporary provision, called article 370, was added to the Indian constitution to prevent the Indian government from unilaterally expanding the applicability of the Indian constitution on the hill state without the consent of the local people.

Article 370 envisioned that the constituent assembly will arrive at a clear and final opinion on which additional provisions of the Indian constitution would be applicable to the state.

As a further precaution and to prevent Article 370 itself being amended by the Indian parliament, another order was issued in 1954 that exempted Jammu & Kashmir from being affected by any amendments to the constitution that did not have the concurrence of the constituent assembly of the state. In other words, to amend the article 370 of the Indian constitution, both the Indian parliament and the constituent assembly of Jammu and Kashmir must agree.

However, in 1956, the constituent assembly of Jammu & Kashmir dissolved itself without making any recommendations on expanding the applicability of the Indian constitution beyond the areas specified in the agreement between the Union of India and the Maharaja of Jammu & Kashmir at the time of accession. As a result, the temporary provision became, for all practical purposes, permanent.

Today, if Article 370 has to be amended, the 1954 rule has to be abrogated first. However, said Prasad, the government had no such plans as of now.

“At present, there is no proposal for amendment in Constitution (Application to Jammu and Kashmir) Order, 1954,” said RS Prasad today.

Despite this logjam, India has, over the years, steadily expanded the applicability of several laws to the state of Jammu & Kashmir via various presidential orders.

Follow ULTRA.news
Pakistan Army shares video of Kashmiris celebrating cricket victory Major General Asif Ghafoor, the official spokesperson of Pakistan's armed forces, shared a video of some people in Kashmir celebrating the victory of his country's cricket team in the final of ICC Champions Trophy."And this is... Srinagar," Ghafoor said. His tweet came shortly ...
Next president be from Jammu & Kashmir — Bhim Singh Noted Kashmiri politician Bhim Singh has called on the government to appoint the next president from Jammu & Kashmir and send a strong signal to secessionists.Singh suggested the name of another Kashmiri politician Karan Singh for the post.Karan Singh is the son of the ...
After Zee Entertainment, Sun TV slashes channel prices ahead of TRAI rules After Zee Entertainment, it is the turn of Sun TV to slash its channel prices with effect from Sept 1 in anticipation of the implementation of new channel pricing rules by TRAI.The Telecom Regulatory Authority of India had, three months ago, announced that media companies...
Kerala High court annuls marriage of converted Hindu girl to Muslim man The Kerala High Court has annulled the marriage of a Hindu girl who converted to Islam pointing out that she did not take permission from her parents.According to Sunni Islamic law, it is compulsory for the woman to get the permission of her wali or guardian -- usually her pa...
The fast rise of extremist Islam in Maldives When Hussain Rasheed started talking about his son, a sob choked his voice.Hussain Rasheed (left) and Shauna Aminath (rightmost)His feeble reply wasn't even audible to the small gathering for sometime. When he regained his composure the first question he asked: Why was ...
Bhim Singh supports Yasin Malik’s stand in India Today scuffle case India Today claimed it was assaulted by MalikJammu & Kashmir politician Bhim Singh has sided with separatist leader Yasin Malik in the controversy surrounding a scuffle between journalists of India Today group and Malik.India Today claimed that Yasin Malik assaulted ...
O Panneerselvam says to look at alliance with BJP soon O Paneerselvam, the ex-chief minister of Tamil Nadu and the leader of a prominent faction within the All India Anna Dravida Munnetra Kazhakam (All India Anna Dravida Advancement Front) has indicated that his faction is open to an alliance with the Bharatiya Janata Party.Panne...
Rajinikanth set to announce his own party; BJP, AIADMK nervous Rajinikanth, the most popular actor in Tamil Nadu, today made it more or less clear that he would enter politics soon.Going by his comments, the charismatic actor is likely to float a new party, which has made existing parties such as the BJP, AIADMK and DMK nervous.Speak...
NET NEUTRALITY: Netflix says let India decide what it wants to watch Netflix, the world's biggest provider of video-on-demand services, rebuffed attempts by telecom companies to control viewership of online video and said consumers must be allowed to consume any legal content on the Internet without 'gate keeping' or interference by telecom provid...
Cow Violence: Amit Shah says will bring situation under control Bharatiya Janata Party President Amit Shah said the state governments run by the party will bring people who commit violence in the name of the cow under control."Trust us, we will bring this under control very soon," Shah said in an interview with India Today television....
Supreme Court dismisses Center’s reasons for not appointing Lokpal The Supreme Court has dismissed the government of India's stand that it cannot appoint the Lokpal as there was no leader of the opposition.The court's decision came on a bunch of petitions seeking the appointment of a Lokpal is likely to lead to the first ever appointment...
Mayank Gandhi delivers scathing message to Arvind Kejriwal From the video message of Mayank GandhiFormer compatriot and head of Aam Aadmi Party Maharashtra, Mayank Gandhi has assailed Arvind Kejriwal in an acerbic letter that traces the AAP leader's rise and fall over the last five years.Gandhi, who left the organization after fou...
Net Neutrality: Vodafone wants right to manipulate Internet videos Telcos want to be able to reduce video qualityVodafone India said it would like to be given the power to manage the size of videos watched by users on its mobile network and lower it automatically "for overall quality welfare".Participating in the discussions related to ...
Telcos Change Tack as Net Neutrality Fight Enters Final Round in India A campaign by Internet Freedom FoundationIf you thought the fight over net neutrality was over with the sending of 1 mln emails to the TRAI two years ago, think again.The telecom service providers, who lost out that in the first round, are back. This time, however, their...
Vande Mataram mandatory in Schools: SC sends notice to govt A popular portrayal of Mother IndiaAfter making the National Anthem mandatory in movie halls, the Supreme Court has moved on to the question of whether or not to make Vande Mataram, the national song of India, mandatory in schools.Taking up a petition on the matter, the ...
Did the army really use a Kashmiri as ‘human shield’ as Omar Abdullah claims? Former chief minister of Jammu and Kashmir Omar Abdullah created a flutter when he tweeted the photograph of a person forced to sit on the spare tyre of an army jeep, claiming that the Indian army was using him as a 'human shield' to protect itself from stone pelters.However,...
Govt likely to intensify efforts to create All India Judicial Service High Court of Karnataka, DharwadDespite setbacks and opposition from both state governments and the judiciary, the central government is not ready to give up the proposal to set up an all India service for recruitment of judges modeled on the Indian Administrative Service an...
Asaduddin Owaisi calls Pakistani military tribunal ‘banana court’ Lok Sabha MP Asaduddin OwaisiAsaduddin Owaisi, head of All India Majlis-e-Ittehadul Muslimeen or All India Council of the Union of Muslims said the Indian government should have anticipated the death verdict handed out to Kulbhushan Jadhav, an ex-Indian Navy member, and move...
Bhushan & Yadav’s Swaraj India chooses ‘whistle’ symbol for MCD polls Whistle, the symbol of most Swaraj India candidatesSwaraj India, the political outfit floated by breakaway Aam Aadmi Party faction led by Prashant Bhushan and Yogendra Yadav, will fight the upcoming election to the Municipal Corporation of Delhi on the 'whistle' symbol.T...
Reliance Jio could replace Summer Surprise with new offer after TRAI order Reliance Jio's withdrawal of its Summer Surprise Offer is unlikely to make any difference to most of its customers, and the company may even come up with a new version of the plan to comply with the ban."The Telecom Regulatory Authority of India (TRAI) has advised Jio to with...
There’s no Lokpal because there’s no opposition leader, says govt Lokpal act was passed after massive demonstrations in 2013The Prime Minister's office today said the government has not appointed a Lokpal at the center yet as there is no leader of the opposition in the Lok Sabha.According to the Lokpal and Lokayuktas Act passed in 2013...
RBI refuses to make exceptions for Tirupati temple, Rs 4 cr old notes junked The Tirumalai TempleThe Reserve Bank of India has told the management of Tirumala Tirupati temple in Andhra Pradesh that the money deposited in the temple's hundis cannot be exchanged for new notes.The move was in response to a letter by the temple management asking if i...
No exemption to Tamil Nadu on NEET: Health Minister Health Minister Faggan Singh Kulaste at an event in DelhiExemptions to the National Eligibility cum Entrance Test cannot be given to any place or zones inside India as a common entrance test is required under the law, Faggan Singh Kulaste, junior minister in charge of health...
Can’t allow NGOs to impede India’s growth: Center to NHRC Women from the Mahan region celebrate after cancellation of coal blocks.Greenpeace helped organize protests against open coal mining in the area.The home ministry has written back to the National Human Rights Commission that non-governmental organizations cannot be allowed t...
Police Custody Deaths: Bihar safest, Maharashtra most dangerous A total of 308 people died in police custody in the three years from 2013 to 2015 -- including 75 in Maharashtra -- but not a single policeman was convicted in any case related to custody deaths in the country during those years, data from the home ministry showed.On an ove...