The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Articles 35A, 370 cannot be abrogated; delimitation not immediately possible either: Kashmir Lawyers Body

INS Desk by INS Desk
August 4, 2019
A A
Lawyers to continue strike against Qayoom’s questioning by NIA 
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: Expresses its serious concern over the prevailing situation in the State, Kashmir High Court Bar association on Sunday said that constitutional bench decisions have left no scope for abrogating Article 370 or tinkering with Article 35-A.
Regarding delimitation, the Kashmir’s lawyers body said it was not also possible immediately, at least till 2031.
“The prevailing serious situation has been created by the unprecedented deployment of Paramilitary Forces in the valley, followed by advisories to Amarnath yatries, Tourists, students of National Level Educational Institutions and Polytechnic Colleges, asking them to cut short their stay in Kashmir and/or vacate the hostels immediately, giving rise to the speculations over the possibility of Abrogation of Article 370 and Scrapping of Article 35-A of the Constitution of India, which protects the special status to the State,” the lawyers’ body said in a statement issued here.
“There are at least four Constitutional Bench decisions of the Supreme Court of India, rendered in various cases including case titled Puran Lal Lakhanpal v. President of India (1962) 1 SCR and Sampat Prakash v. State of J&K (1969) 2 SCR 365, relating to the validity of Constitutional (Application to Jammu and Kashmir) Order, 1954, whereunder, Article 35-A was incorporated in the Constitution of India and it was held that the said Order is constitutionally valid,” it said. These constitutional precedents of the Supreme Court of India, it said have attained finality and therefore, there is no scope for abrogating Article 370 or tinkering with Article 35-A, as the same would constitute a deliberate, intentional and willful disobedience of the orders of the Supreme Court of India, making the persons, responsible for such disobedience, liable for action.
“Govt. of India and all its civil and judicial institutions and authorities being bound to act in aid of Supreme Court and also to respect the verdict of the Apex Court and not to bring the said Court to disrepute, therefore, it is the duty of the Govt. of India and its institutions and agencies to obey the orders of the Supreme Court in letter and spirit and not to create any situation, where the Supreme Court of India, may be approached for taking action against the erring person.”
The lawyers’ body also stated that the controversy relating to the validity of the action to postpone the delimitation of territorial constituencies of State Legislative Assembly, until the relevant figures for the first census taken after the year 2026 have been published, has also been set at rest by a Division Bench of the High Court in case titled National Panthers Party v. Union of India (2010 (1) SLJ 1) and the said judgment having also been upheld by the Supreme Court of India and having attained finality is also binding on all the institutions and agencies. “As such, any attempt to alter or delete the 2nd Proviso to Section 47(3) of the Constitution of J&K, which was inserted in the Constitution by (Twenty Ninth Amendment) Act, 2002, providing that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to re-adjust the total number of seats in the Legislative Assembly of the State and the division of the State into territorial constituencies, would also constitute a violation of the orders of the High Court and the Supreme Court of India.”
The Bar association also stated that Kashmir is a political dispute and therefore it has to be settled politically and not militarily, keeping in view the wishes and aspirations of the people, who are yearning for its resolution, for the last seventy years. “During the course, they have suffered untold sufferings and miseries which have no parallels in the contemporary history.”
The Bar Association expects that both India and Pakistan should devise ways and means to de-escalate the tension in the region and by holding tripartite talks, make every endeavor to settle the Kashmir issue, peacefully and permanently, the statement added.

RELATED POSTS

DGP Reviews Security Grid in Downtown Srinagar

BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks

SIA secures Interpol Red Corner Notice against HM terrorist in 2013 terror attack case

Buy JNews
ADVERTISEMENT
Previous Post

Somebody should tell us what’s happening: Mehbooba; ‘APM At 6PM’

Next Post

Mehbooba shares ACB letter to her on political appointments in JK Bank, likens it to ‘browbeating mainstream parties’

INS Desk

INS Desk

Related Posts

DGP Reviews Security Grid in Downtown Srinagar
Regional

DGP Reviews Security Grid in Downtown Srinagar

July 13, 2026
BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks
Regional

BJP Serves Rs 100 Crore Legal Notice to CM Omar Abdullah Over “Defamatory” Remarks

July 13, 2026
SIA secures Interpol Red Corner Notice against HM terrorist in 2013 terror attack case
Regional

SIA secures Interpol Red Corner Notice against HM terrorist in 2013 terror attack case

July 11, 2026
Statehood can’t be held hostage to BJP rule: CM Omar
Regional

Statehood can’t be held hostage to BJP rule: CM Omar

July 11, 2026
India primary guarantor of peace in Indian Ocean Region: Rajnath
Regional

India primary guarantor of peace in Indian Ocean Region: Rajnath

July 10, 2026
Weather to remain cloudy till Oct 28
Regional

Fresh WD likely to bring rain across J&K tomorrow

July 10, 2026
Next Post
Mehbooba shares ACB letter to her on political appointments in JK Bank, likens it to ‘browbeating mainstream parties’

Mehbooba shares ACB letter to her on political appointments in JK Bank, likens it to ‘browbeating mainstream parties’

HC quashes 9 PSA detention orders

High Court postpones interview, viva-voce for driver posts




3 IAS officers attached to H&ME for assisting in Coronavirus mitigation efforts in J&K

Increase bed capacity for Covid-19 patients: Div Com

April 15, 2021
India failed to suppress our emotions: Geelani

Syed Ali Geelani barred from attending function at KU

June 21, 2019
3 militants, 2 soldiers killed as Shopian gunfight ends

Gunfight between militants, forces erupt in Bandipora village

September 20, 2018

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.