Srinagar, Dec 17: The Constitution of Jammu and Kashmir is not equal to the Constitution of India, the Supreme Court has held. While over ruling a verdict of the Jammu and Kashmir High Court, the Supreme Court held that the state has no vestige of sovereignty outside the Constitution of India and the residdents of the state are citizens of India.
The court was deciding on a legal question on whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 will be applicable to J&K. The court also decided on the question whether the aw was outside the legislative competence of Parliament since its provisions would collide with Section 140 of the Transfer of Property Act of J&K.
The Bench held that the quasi-federal structure of the Constitution of India continues even with respect to J&K. Article 1 of the Constitution of India and Section 3 of the J&K Constitution makes it clear that the state shall be an integral part of India.
The residents of Jammu and Kashmir are Indian citizens. There is no dual citizenship as contemplated by some other federal Constitutions in other parts of the world, the SC also held. J&K shall remain an integral part of India and this provision is beyond the pale of amendment, the Supreme Court further stated.