Kashmir not integrated into India: Kashmir High Court's landmark decision
Indian Occupied Kashmir never integrated into India, ruled High Court of the Indian Occupied Kashmir
LAHORE: (Dunya News) – In a landmark decision on Friday, the High Court of Indian Occupied Kashmir has ruled that Indian Occupied Kashmir was never integrated into India, reported Dunya News.
Divisional Bench of the High Court comprising Justice Husnain Masoodi and Justice Raj Kotwal said that Kashmir maintained its sovereignty under Article 370 of the Indian constitution and Article 370 can neither be annulled nor amended.
The court reminded in its decision that the Jammu and Kashmir Legislative Assembly did not recommend any amendment in Article 370 before its dissolution in 1957.
Text of Article 370 of Indian constitution
Article 370 granting special status to the state, is permanent: Jammu and Kashmir High Court
(1) Notwithstanding anything contained in this Constitution,—
(a) the provisions of article 238 shall not apply now in relation to the state of Jammu and Kashmir
(b) the power of Parliament to make laws for the said state shall be limited to—
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
(c) the provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.
(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.
