Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jammu & Kashmir Resettlement Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Jammu and Kashmir Grant of Permit for Resettlement in Or (permanent Return) to The State Act, 1982 (10 of 1982) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of Jammu & Kashmir: S.6 Constitution of India: Article 35A.Jammu & Kashmir Resettlement Act, 1982-Validity of Refugees from West Pakistan-Citizens of India-Domiciled in J & K State for forty years-Denied permanent resident status and basic rights of citizenship-Right to acquire immovable property in the State, right to employment under the State, right to higher technical education and right to be elected to the State Assembly and local bodies-Permissibility of. The refugees from West Pakistan who had migrated Into the State of Jammu and Kashmir In 1947 and had been domiciled In that State for nearly forty years are not permanent residents as defined in s.6 of the Jammu and Kashmir Constitution, with the result that they were disentitled to be included In the electoral rolls of the State Assembly, to be elected to village Panchayats, to be appointed to any service under the State Government by direct recruitment, to purchase land In the State and to be admitted to higher technical educational institutions under the relevant Acts and Rules. Section 6(2) of the Jammu and Kashmir Constitution, however, provides that permanent State subjects who had migrated to West Pakistan In 1947 shall be permanent residents of the State on their return to the State under a permit for resttlement, thereby entitling them to all the above rights. The petitioner, who claimed to speak on behalf of the refugees from West Pakistan settled in the State, claimed that he and other persons situated like him should at least be given the same rights as are given to those who had voluntarily migrated to West Pakistan at the time of partition in 1947, on their return to the State for resettlement. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1987 INSC 55 |
Petitioner | Bachan Lal Kalgotra |
Respondent | State Of Jammu & Kashmir And Others |
SCR | [1987] 2 S.C.R. 369 |
Judgement Date | 1987-02-20 |
Case Number | 7698 |
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