Srinagar, August 28, 2018 (PPI-OT): In occupied Kashmir, legal experts have said that the parties defending Article 35-A in the Indian Supreme Court should plead that the Jammu and Kashmir Constitution is not subordinate to the Indian Constitution.
Senior advocate, Syed Tasaduq Hussain in an interview in Srinagar said, “Many aspects in context of historical evolution of Kashmir’s relationship with India can also be debated in the Indian apex court.”
Former Judge of occupied Kashmir High Court, Justice Hasnain Masoodi said Indian Constitution and Jammu and Kashmir Constitution are two separate constitutions constituted by two separate constituent assemblies. “The two constitutions work within their own spheres and we cannot say one is subordinate to the other,” he said.
Advocate Reyaz Khawar said, Indian Constitution and Jammu and Kashmir constitution are two different Constitutions which have to run “parallel and one cannot override the other”.
“The J and K Constitution’s Article 157 (2) gives protection to the laws, notifications, government orders passed by the erstwhile Maharajas, meaning thereby that the state subject laws, Land Alienation Act and the laws relating to employment and contesting elections in the state are protected by the Constitution of Jammu and Kashmir,” he said.
Advocate Khawar said that Article 35-A was not passed by the Parliament of India neither could be abrogated by it because this Article was related to matters which were within the domain of the legislature of occupied Kashmir. He said, the Parliament of India cannot make any law regarding the matters which come under the domain of government or legislature of occupied Kashmir.
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