By Daya Sagar
Before we discuss the issue further let us have again have a close look at the Sub-Section – 1 and Sub- Section -3 of Section -6 of J&K Constitution :-
Sub – Section (1) Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954- (a) he was a State Subject of Class I or of Class II; OR (b) having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to that date. Sub-Section- (3) In this section, the expression “State Subject of Class I or of Class II; shall have the same meaning as in State Notification Mo. 1-L/84 dated the twentieth April, 1927, read with State Notification No. 13/L dated the twenty-seventh June, 1932.
The two technical points towards what I would like to draw the attention of Divisional Commissioners and Deputy Commissioners are :-1. The Clause (a) of Sub-Section -1 of Section-6 of COJK ( Every person who is, or is deemed to be, a citizen of India under the provisions of the Constitution of India shall be a permanent resident of the State, if on the fourteenth day of May, 1954- he was a State Subjeqt of Class I or of Class II) and Clause (b) of Sub-Section-1 of Section-6 (having lawfully acquired immovable property in the State, he has been ordinarily resident in the State for not less than ten years prior to that date.) are separated from each other by the word ‘OR’.
2. Note-II appended with Notification No. 1-L/84 dated the twentieth April, 1927 that says “:The descendants of the persons who have secured the Status of any Class of the State Subjects will be entitled to become the State Subjects of the same class. For example, if A is declared a State Subject of Class-ll his sons and Grandsons will ipso facto acquire the status of the same Class (II) and not of Class-I.” And going by the contents of Section-7 of JK Constitution the Note -II explanation would hold good for PRC holder as well after 1957.
No new law defining the classes of person who are or shall be the Permanent Residents of the Indian State of J&K has so far been enacted by the J&K State Legislature in exercise of power / provisions available under Section- 8 of the State constitution, hence the definition given in Section- 6 of the J&K Constitution stands till date. The State Legislature has so far left Section 6 of the J&K Constitution intact. Permanent Resident of J&K is hence still citizen of India who was a State Subject of Class-1 or Class -II or had lawfully acquired immovable property in the state and has been ordinarily a resident in the state for not less than ten years prior to 14th May, 1954, that is, when the Constitution (Application to Jammu and Kashmir) order, 1954 issued by President of India came into force.
In Sub-section (1), (2), and (3) of Section 6 of the Constitution of Jammu and Kashmir reference is made to the State Subjects of Class-1 and of Class-II only.
Persons and companies defined as State Subjects of Class-Ill and IV respectively in Notification No. -L/84 dated 20th April, 1927 stand now excluded from the definition of the ‘Permanent resident of the State’ with the coming into the force of the Section-6 of Constitution of J&K. But reference of State Subject of Class-III has been made in Section-7 of J&K Constitution.
Although Sub-sections (1) and (2) of Section 6 of the J&K Constitution do not apparently make any provision for acquisition or loss of status of permanent resident by the descendants of permanent residents of the state but very particularly it is Note-II appended to notification No. L/84 dated 20th April 1927 which entitles the descendants of the persons who have cleared the status of State Subject of class I or class II to become State Subjects of the same class. And also since Section-7 of J&K Constitution says that” Unless the context otherwise requires, all references in any existing law to hereditary State Subjects or to State Subject of Class I or of Class II or of Class III shall be construed as references to permanent residents of the State” the explanation / directions as laid down in Note- II appended to notification No. L/84 dated 20th April 1927 which entitles the descendants of the persons who held the status of State Subject of class I or class If to become State Subjects of the same class and in the normal course this provision should have been made use by the designated authorities for issuing the PRC in many particular cases. But, still, even with such a provision available, most of the applicants for PRC are facing undue problems, may be not due to the unfair intentions of the concerned desk officers but due to vague instructions and multiplicity of the documents suggested in some circulars for the guidance of the concerned staff who has to handle the cases.
And of course the wife of a PRC (State Subject certificate) holder too would become the PRC on the same analogy irrespective of the fact whether she is daughter of a State Subject (PRC holder) or a non -State Subject. … Continued
(Daya Sagar is a Senior Journalist & Social activist can be reached at [email protected])
