Centre opposes J-K Act before SC

The Centre has formally opposed, before the Supreme Court, the controversial Jammu and Kashmir Resettlement Act that facilitates the return ...

The Centre has formally opposed, before the Supreme Court, the controversial Jammu and Kashmir Resettlement Act that facilitates the return of Kashmiris and their descendants who had migrated to Pakistan.

In an affidavit filed on May 9, the government counsel urged the Court to declare the Act ‘‘unconstitutional and void’’ on grounds that ‘‘it will endanger security and law and order and infringes on the Centre’s right to decide matters related to citizenship’’.

The SC is hearing a petition filed by the J-K Panther’s Party challenging the law. The apex court has since stayed its implementation.

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In the affidavit, the Centre said the J-K legislature is not competent to enact such a law. ‘‘The J-K Resettlement Act impinges upon areas within exclusive legislative competence of Parliament and are covered by Central legislation, including the Indian Citizenship Act, 1955 and the Foreigners Act, 1946,’’ it said.

The Centre and J-K are respondents in the case due to come up before the court in August. The affidavit was filed on behalf of the Director, J-K Affairs, in the Home Ministry.