No Sovereignty For Jammu and Kashmir Outside Indian Constitution: Supreme Court

The Supreme Court on Friday snubbed the Jammu and Kashmir High Court and rejected its assertion that the state's sovereignty cannot be challenged or altered, reports the Indian Express. The apex court observed this while terming as "wholly incorrect" the conclusion arrived at by Jammu and Kashmir High Court.

“It is clear that the state of Jammu & Kashmir has no vestige of sovereignty outside the Constitution of India and its own Constitution, which is subordinate to the Constitution of India… they (residents of state) are governed first by the Constitution of India and also by the Constitution of Jammu & Kashmir,” the bench said, referring to the preamble of the Constitution of J&K, 1957.

Labelling the action “disturbing,” the Supreme Court stated that the Section 3 of the Constitution of Jammu & Kashmir declares that the state is and shall be an integral part of the Union of India.

The apex court gave this judgement on the appeal by State Bank of India (SBI) against the Jammu and Kashmir high court’s verdict which had held that the SARFAESI Act would collide with the Transfer of Property Act of Jammu & Kashmir, 1920.