Sir,
Supreme Court has rejected the judgement of the Jammu and Kashmir High Court while deciding the applicability of Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest (SARFAESI) Act 2002 in the State of Jammu and Kashmir. The bench made it clear that any provision of the J&K Transfer of Property Act will have to give way to the Central law in case the State law is found repugnant. Though Constitution of India grants special status to J&K among Indian States and it is the only State in India to have a separate Constitution, the State enjoys autonomy and the powers are vested with the State Govt. Article 370 of the Constitution of India States that Parliament of India and the Union Govt. jurisdiction extends over limited matters with respect to the State and the Union Govt actions have to be supported by the State legislature. In 2015, the J&K High Court had asserted that the States sovereignty can neither be challenged nor altered.
Now, the Supreme Court observed that it was a matter of concern that absolute sovereign power was granted to the people of Jammu & Kashmir in this State High Court judgement. The Supreme Court further observed that permanent residents of the State are “first and foremost” citizens of India and there are no dual citizenships. The residents of the State are first governed by the Constitution of India and also by the Constitution of the State of J&K. The Court observed that there is no sovereignty of J&K outside Constitution of India. The Bench of Justice Kurian Joseph and Justice Rohintan Fali Nariman observed that Constitution of J&K cannot be equal but is subordinate to the Constitution of India. The court also declared that the State of J&K is and shall be an integral part of India.
This provision is beyond the pale of amendment. The judgement assumes significance as it has been delivered by a bench of Supreme Court of India. All the nationalist forces in the State view it as a victory of their beliefs. It will go in a long way to further amalgamate Indian Constitution with the State. The Constitional relationship between the Union and the State stands strengthened. It has put fears in the minds of the anti-national and separatists forces.
The pro-autonomy residents in the State may perceive this decision negatively. The ball is in the Court of the State Govt now. The response of the PDP-BJP Govt will be keenly observed in the following days.
Yours etc…
S N Raina
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