12 Laws that are not applicable in Jammu and Kashmir

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

1.Indian Penal Code: Yeah, not a single law but Instead of IPC, our state has 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 prohibits 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 is outside the purview of CBI.

5) No outsider can buy property here: Only Permanent Resident (P.R) of the state are allowed to purchase immovable property in state. Although the residents of Jammu & Kashmir are allowed to own property outside the state and the important thing is that the definition of Permanent Resident is itself biased. The State of Himachal Pradesh has similar restriction but those are none when compared to J & K. It is to be noted that a person who is not permanent Resident of J&K is denied of State Employment, right to scholarship, and cannot vote in the state legislature election. Refugees can vote in parliament but not in Assembly or Local body’s election

6) The Political Reservation of Scheduled Tribes: The STs are not given any reservation in J& K though there is 11.9% ST in the state.

7) 42nd Constitutional Amendment Act: The State has refused to accept the 42nd Constitutional Amendment Act by which the word “Secular” was added to the Preamble of India 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 centre is not applicable in J&K it has its own Service Tax.

9) Oath is given by constitution of J&K:  In the State every legislator and Judge, including the Chief Justice and Chief Minister is required to swear by the constitution of Jammu & Kashmir and not that of India.

10) Borders cannot by increased or reduced: It is due to article 370 that Indian Parliament cannot increase or reduce the borders of the state. Due to this India is not able to settle the case related to Aski Chin as it is a territory of J & K.ce, 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) is not applicable in the state and it has its own RTI.

12) Following Articles of Indian Constitution:  Parts of Indian Constitution that are not applicable in Jammu & Kashmir

  • Article 31C with respect to 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 is 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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2 thoughts on “12 Laws that are not applicable in Jammu and Kashmir

  • August 26, 2016 at 9:03 pm
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    State of Jammu and Kashmir never merged with Union of India, rather State got acceeded with India(whose ligitimacy is still doubtful).But anyway, the term is “accession” not “merger”.

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  • December 20, 2016 at 11:37 pm
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    For Your Kind information, Mr. AabhasVerma, Land is the subject matter of the State List, and state legislature has the power to make laws with regard to buying and selling of property. Hence, ou state does not allow any outsider to buy land in J&K. and Instead of mentioning 12 laws, u have mentioned only 2-3 three… so i Rquest u to please do some homework first, then write the article…Plz don’t misguide the people.Thanks

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