SC: Subsidy Taxability Depends on its Purpose under The Income Tax Law  ||  MP HC:Revenue Authority’s Decision Can’t Operate as Res Judicata in Absence of Express Statutory Bar  ||  SC: Breakup Followed by Suicide does not Automatically Amount to Abetment to Suicide  ||  SC: Election Petition under Representation of the People Act Must be Filed Personally by Petitioner  ||  Patna HC: Template Arrest Memo cannot Satisfy Mandate under Article 22 of Constitution  ||  MP HC: Delayed Cruelty FIR not Counterblast When Wife “Remains Silent” to Save her Married Life  ||  MP HC:Revenue Authority’s Decision Can’t Operate as Res Judicata in Absence of Express Statutory Bar  ||  Patna HC: Signature Mismatch alone cannot Prove OMR Tampering  ||  J&K&L HC: Bail can be Set Aside if Contrary to Statutory Mandate  ||  Kerala HC: Headmistress’s Churidar cannot Bar Entry, Clothing Choice is A Fundamental Right    

Ashok Kumar and Ors v. State of J&K and Ors - (High Court of Jammu and Kashmir) (09 Oct 2015)

“Article 370 only provision of Constitution that applies to [J&K] on its own”

Constitution

In a petition against the accelerated promotion of government servants in Jammu and Kashmir, under the auspices of reservation, the Jammu and Kashmir High Court narrated the birth of the State’s unique legal status, as compared to the rest of the country. Reiterating that “Article 370 of the Constitution embodies conceptual framework of relationship between Union of India and State”, it pointed out that Article 370 was the only provision in the Constitution that applied to the State itself, with even Article 1 made applicable by it. Terming it a permanent provision, notwithstanding its actual title, the Court added “[Article 370] cannot be abrogated, repealed or even amended”. In its obiter, the Court also allowed petitions against promotion of junior government servants over their more senior colleagues on the basis of reservation as the provisions relating to such appointments had not been extended to the State of Jammu and Kashmir by the President.

Tags : ARTICLE 370   CONSTITUTION   JAMMU AND KASHMIR   STATUS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved