J&K 'state subjects' equal to other Indians, won't get preference: MHA
The Centre has declared omission of "permanent residents or hereditary state subjects" in two newly created Union Territories — Jammu and Kashmir, and Ladakh — which came into existence on Thursday, ending their seven-decades-long privileges over land and jobs. In a notification, the Home Ministry announced a slew of measures to be applied in the two new UTs that include many central laws hitherto out of bounds in the erstwhile state of Jammu and Kashmir due to its special status.
"...there are references in the state laws that have been applied to the Union Territory of Jammu and Kashmir, and the Union Territory of Ladakh to the expressions 'permanent residents' or 'hereditary state subjects'..., wherever they occur, shall be omitted," it said.
Those who were residents of the princely state of Jammu and Kashmir at the time of the state's merger with the Union of India and their descendants are called state subjects and they used to get privileges over land and jobs in the erstwhile state of Jammu and Kashmir due to Article 370 and Article 35A.
The then ruler of the princely state, Maharaja Hari Singh, executed the Instrument of Accession on October 26, 1947, making it part of the Union of India.
The home ministry notification said the references, by whatever form of words, to the "state of Jammu and Kashmir" or "Jammu and Kashmir" or "state" shall from October 31 be construed as "Union Territory of Jammu and Kashmir" or "Union Territory of Ladakh", as the case may be.
It said any reference in any existing law to the "legislature of the state or any House or Houses" shall be construed as references to the legislative assembly or legislature of the Union Territory of Jammu and Kashmir.
No lawsuit will be maintained for any action taken, including any notification issued or order, rule or appointment made during the period between August 5 and October 31 as these shall be deemed to be valid and operative as if such things had been done or actions taken in accordance with law, according to the notification.
It said any person who has taken an oath or made an affirmation before holding office or position as such under the Jammu and Kashmir Constitution or other laws in force in the existing state of J-K immediately before the appointed day shall be deemed to have taken oath or affirmation under the Indian Constitution or law applicable to the two union territories, and shall continue to hold office or position as such till October 31.
There are certain central laws and rules which are applicable to Jammu and Kashmir are continued to be made applicable to the UT of Jammu and Kashmir and the UT of Ladakh.
Those central laws, ordinance, and rules which are applicable to the whole of India except the existing state of Jammu and Kashmir are to be made applicable to the UT of Jammu and Kashmir and the UT of Ladakh.
"And whereas, the Judges of the High Court of Jammu and Kashmir for the existing State of Jammu and Kashmir have been appointed under the Constitution of Jammu and Kashmir and have taken oath or affirmation under the said Constitution.
However, section 75 of the principal Act provides that the Judges of the High Court of Jammu and Kashmir of the existing state of Jammu and Kashmir holding office immediately before the appointed day of the principal Act shall become on that day the Judges of the common High Court for the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh and all the provisions of the Constitution of India, including the provisions relating to appointment of Judges of High Court are to be applicable to the Judges of the common High Court for the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh," the notification said.
