Monday, July 20, 2015

J & K High Court Rules Kashmir is a Soverign Entity

On 17th July 2015 a landmark judgment was given by the Jammu and Kashmir High Court by a division bench of 2 judges. The judges in a 76 page judgment observed that central laws could not be made applicable to the state of Jammu and Kashmir  without the consent of the  J and K assembly and legislature. The court observed that the final authority which could govern the state was the J an dK assembly and the government and the law to be followed was the one enacted by the Maharajah of Kashmir as per the 1939 constitution.

The High Court made a significant statement that Kashmir was a sovereign state with a separate constitution and flag. This is a far reaching judgment and is based on earlier judgments of the Supreme Court. 

In real terms this violates the principle of India as a single entity and throws open the status of Kashmir. All these problems would have been solved in case Nehru and the Congress party had no enacted the Article 370 and made it a part of the Indian constitution.

One cannot forget that the problem of the Chakma hill tribes in Bangladesh was solved to a great extent with the settlement of Bengali Muslims in the Hill tracts of Chittagong, where the Chakama’s reside. In contrast we in India are committed to maintain the demographic profile of the state with Kashmir being out of bounds to Indians from other states. Thus a Frankenstein has been nurtured and the Indian state is paying dearly for its mistakes. God save India


No comments:

Post a Comment