BACHAN LAL KALGOTRA versus STATE OF JAMMU & KASHMIR AND OTHERS

BACHAN LAL KALGOTRA versus STATE OF JAMMU & KASHMIR AND OTHERS

Refugees from West Pakistan settled in Jammu & Kashmir are not permanent residents under section 6 of the Jammu & Kashmir Constitution and therefore are disentitled to certain rights and privileges within the State. Statutory provisions conferring special rights to permanent residents are protected by Article 35A and cannot be challenged as inconsistent with the fundamental rights guaranteed by Part III of the Constitution of India.

Parties
Petitioner: Bachan Lal Kalgotra; Respondents: State of Jammu & Kashmir and Others
Jurisdiction
India
Judgment Date
20 February 1987
Procedural Posture
Writ Petition (civil) No. 7698 of 1982 / Original Jurisdiction; Final Order
Outcome
Petition dismissed
Legal Topics
Jammu & Kashmir Permanent Resident Status, Rights of Refugees From West Pakistan, Discrimination in Citizenship Rights, Application of Article 35 a, Validity of Jammu & Kashmir Resettlement Act, 1982
Constitutional Law Election Law Property Law Administrative Law Education Law Jammu & Kashmir Permanent Resident Status Rights of Refugees From West Pakistan Discrimination in Citizenship Rights +2 more

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Parties

Bachan Lal Kalgotra

Petitioner

State of Jammu & Kashmir and Others

Respondents

Procedural Posture

Writ Petition (civil) No. 7698 of 1982 / Original Jurisdiction; Final Order

Legal Issues

  1. 1 Whether refugees from West Pakistan settled in Jammu & Kashmir are entitled to permanent resident status and basic rights of citizenship within the State
  2. 2 Whether denial of rights to such refugees is inconsistent with the Constitution of India
  3. 3 Whether special rights conferred to returnees under the Resettlement Act, 1982 violate constitutional guarantees

Ratio Decidendi

Refugees from West Pakistan settled in Jammu & Kashmir are not permanent residents under section 6 of the Jammu & Kashmir Constitution and therefore are disentitled to certain rights and privileges within the State. Statutory provisions conferring special rights to permanent residents are protected by Article 35A and cannot be challenged as inconsistent with the fundamental rights guaranteed by Part III of the Constitution of India.

Court Disposition

Petition dismissed

Orders

  • No relief granted; petitioners encouraged to seek legislative or executive action for redressal of grievances.