Protection of rights of the religious and ethnic minorities is the bedrock of India’s secular values. With a legacy of bringing all religions under its fold, India has always advocated the principle of equality. The Article 30 of Indian Constitution is one of the many provisions that ensures preservation of minority rights. Concept of Article 30 Article 30 is classified under Part III of the Indian Constitution that elucidates all the Fundamental Rights guaranteed to the citizens of India irrespective of their religion, caste and sex. Article 30 upholds the right of the minorities “to establish and [...]Read more
With Jammu and Kashmir Assembly elections round the corner, the demand for voting rights has again resurfaced among the refugees in the state. Most of them had migrated to the state during the wars of 1947, 1965 and 1971 from Pakistan and Pakistan-occupied-Kashmir (PoK). Let alone the property rights, this chunk of population doesn’t have the right to vote during the state elections and contribute towards the greater consensus when it comes to electing people’s representatives. However, these refugees have voting rights for the parliamentary elections. The Legal Complications regarding Voting Rights in J & K Those [...]Read more
To begin with, Jammu & Kashmir has been receiving special and differential treatment ever since Article 370 came into effect. The fact that J&K was accorded special status under the same Article leaves its governance mainly to the state-specific laws which were framed under the Constitution of Jammu and Kashmir. Unlike the other states, not all the provisions of Indian Constitution are applicable to J&K. Limited Powers of Union Government Since the state doesn’t come under complete purview of the Central Government, the union legislature has very limited jurisdiction in J&K as compared to other states. According [...]Read more