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Monday 19 December 2016

12 Laws that were not applicable in Jammu and Kashmir

 12 Laws that were not applicable in Jammu and Kashmir:

Since our state Jammu and Kashmir merged with India, it has been granted special autonomous status by GOI. According to this status, many laws functional in the rest of India were not extended to the state. Given below are 12 laws that were extended to the whole of India except J&K.


1.Indian Penal Code: Yeah, not a single law but Instead of IPC, J&K state had RPC which stands for Ranbir Penal Code.

2) Prevention of Corruption Act of 1988: This act was passed to fight against corruption in government agencies and public sector businesses in India.
3) The Religious Institution Act of 1988: This law prohibited religious institutions from allowing their premises for the promotion of political activity and storing of Arm and Ammunition.
4) The Delhi Special Police Establishment Act of 1946: The power of CBI is derived from this act and thus J&K was outside the purview of CBI.
5) No outsider can buy property: Only Permanent Resident (P.R) of the state were allowed to purchase immovable property in the state. Although the residents of Jammu & Kashmir was allowed to own property outside the state and the important thing was that the definition of Permanent Resident was itself biased. The State of Himachal Pradesh had a similar restriction but those were none when compared to J & K. It is to be noted that a person who was not permanent Resident of J&K was denied of State Employment, right to scholarship, and couldn't vote in the state legislature election. Refugees could vote in parliament but not in Assembly or Local body’s election
6) The Political Reservation of Scheduled Tribes: The STs were not given any reservation in J& K though there were 11.9% ST in the state.
7) 42nd Constitutional Amendment Act: The State had refused to accept the 42nd Constitutional Amendment Act by which the word “Secular” was added to the Preamble of the Indian  Constitution.
8) Central driven laws: A number of Central driven laws like the Wealth Tax, Gift Tax, and intermarriage with other Indian Nationals cease to exist in J & K. The Service Tax of the centre was not applicable in J&K it had its own Service Tax.
9) The oath was given by the constitution of J&K:  In the State every legislator and Judge, including the Chief Justice and Chief Minister was required to swear by the constitution of Jammu & Kashmir and not that of India.
10) Borders cannot be increased or reduced: It was due to article 370 that Indian Parliament couldn't increase or reduce the borders of the state. Due to this India was not able to settle the case related to Aski Chin as it was a territory of J & K, backed this Bill and got it passed in the lower house of the assembly.
11) Right to Information by Indian Government: RTI (Right to Information) was not applicable in the state and it had its own RTI.
12) Following Articles of Indian Constitution:  Parts of Indian Constitution that were not applicable in Jammu & Kashmir
  • Article 31C with respect to the Directive Principles of State Policy.
  • Article 36-51 relates to Uniform Civil Code.
  • Article 51A which lays down the fundamental duties of every citizen of India.
  • Article 332 which deals with reservation of Scheduled Caste/Tribes in the State legislature.
Also, the  time period of a particular assembly of Jammu & Kashmir was 6 years where while for rest of India it is 5 years. And, till 1965 there was a Prime Minister in place of Chief Minister.

 

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