Sumer Khajuria Advocate
Term Domicile is bound to step into shoes of Expression Resident, the successor of term State Subject in J&K. Tracing the history of the laws on the hereditary state subject of J&K state, one finds a circular order No Ps 2254 dated Jan. 31st, 1927 so issued by the order of Maharaja Hari Singh issued by his Private Secretary, thereby defining the aforesaid expression hereditary state subject as “For the purpose of this order the term “hereditary state subject” will be held to mean and include all persons born and residing within the state before the commencement of the region of the late Maharaja Gulab Singh and also persons who settled there in before the commencement of Samvat 1942 and have since been permanently residing there in.” The aforesaid definition followed the command of Maharaja Hari Singh further, “In future in case of every new entrant into state service, the authority empowered to make the appointment should certify that he has satisfied himself after enquires that the person appointed is a hereditary state subject.”
Notified I-L/84 dated April 20th, 1927 replaced the aforesaid circular order by necessary implication. The term “state subject” was substituted for “Hereditary State Subject”. The state subjects were divided into three classes. The state subject defined in the succeeding circular order, and those of class II, being the persons, who settled within the state before the close of Samvat 1968 and had since permanently resided and acquired immovable property in the state. The state subject of class III were all persons other than those belonging to class I and II, permanently residing with in the state, who had acquired under “rayatnama” any immovable property after ten years continuous residence there in class IV comprised the companies having been registered in the state of J&K.
The notification dated April 20th 1927 was followed by another Notification No. 13/L dated June 27th 1932, under the command of Maharaja Hari Singh with a view to determine the status of the state subjects of J&K in-foreign states and to inform the Govt. of foreign states as to the position of their nationals in the state of J&K. Under such notification of June 27th 1932, all emigrants from J&K State to foreign territories were to be considered State Subjects of this state including descendents of those emigrants born abroad for two generations. The foreign nationals residing in J&K state could not acquire the nationality of J&K until the age of eighteen years or until he purchases immovable property under the permission of an Ijazatnama and on obtaining a rayatnama after ten years continuous residence in the J&K state as laid down in Notification dated April 20th 1927. The certificates of nationality of J&K state could be
granted by the Minster of the Political Department.
It may be stated that the geographic location of the J&K as was on August 15th 1947 was consisting its area of 2, 22, 226 sq. kilometers or 84,471 sq. miles with 58 towns, 6758 villages with population of 125 lakhs its great importance owing to the fact that to its east lies Tibet, to the north-east Sinkiang, a province of China, to the north-west Afghanistan and a few miles from lies Russian Turkestan. This actual and potential importance of the aforesaid subsisting state before 5th August 1947, during the Dogra reign had importance and caused the rulers of ajoining countries to cast covetous eyes on it. In the year 1935, when Soviet Union occupied Tazakistan, the British Govt. took a part of Gilgil about 5180 sq. kilometers on lease from Maharaja Hari Singh being a strategic point of importance for a period of 60 years and took over the responsibility of administration and its security by naming this area of lease as Gilgit Agency, and its irregular forces as Gilgit scouts.
Strategically British considered the Giligit Agency very important because of its road access for Middle East countries and for the protection of their economic interests besides preventing Russia and China. America too had thought of taking control of Gilgit.
Because of the strategical importance of J&K State for the economic and political interests of the British they started interference in the affairs of this state, a period back in the year 1884 when late Maharaja Ranbir Singh was on his death bed, by appointing a Resident in this state by hatching conspiracy to instigate Muslims to oust Non Muslim Ruler, enabling them to apply the new created doctrine of lapse.
It was further strategy of the British officers, to build their colonies and bunglows at the strategic hill locations of J&K as did in other areas of India upon their successful attempts to dislodge Maharaja Partap Singh from his sovereign ruling powers by sidelining him through constitution of Administrative council headed by Raja Amar Singh till the year 1905 and not allowing Maharaja Partap Singh to rule the state for the vested interests of Britishers. Although Raja Hari Singh was grown up in English style of living with education in royal institutions, being well versed with political and administrative step up gained from Britain itself after accomplishment of his educational pursuits finally from Dehradun.
He upon becoming the senior member of state administration had smelt a lot of ill will of English administrator, which resulted the strong acts upon accession of the throne after the demise of Maharaja Partap Singh in 1925 by means of not allowing British flag to fly on the ground of Residency headquarter at Srinagar besides closing down the residency head quarter of Jammu. As a patriotic act of Maharaja Hari Singh for freedom of India, he brought in operation the provisions of state subjects Laws in the year 1927, strategically to keep a thorough check on the influx of foreigners in the state of J&K being itself a sovereign country under the strength of Amritsar Treaty of 1846 AD, which remained as such till 26th Oct. 1947, when by means of Instrument of Accession so
executed by Maharaja Hari Singh in the required and desired manner upon enactment of Indian Independence Act 1947 read with the amended Govt. of India Act 1935 being part of the India Provisional constitution order of 1947 dated 14th August’1947, applicable from 15th August’1947, the state of J&K became unalienable part of Indian Dominion by removing her status of sovereign state, thus the provisions of state subjects so applicable in case of J&K state as a distinct country being a state subject Law synonymous with citizenship Laws of the country stood expunged by implication of execution of Instrument of Accession dated 26th Oct.’ 1947, there by application of such citizenship Laws as applicable across the Dominion of India, which is further concision with charter of United Nations.
Despite this all, the constitution (Application to J&K, order 1954 dated 14th May 1954) came into operation at the back of the Parliament, where by new Article bearing Article 35A came to be inducted. Under the strength of such controversial Article 35A of the Constitution of India, Sections 6 to10 of the Constitution of J&K came in place, Section 6 of the aforesaid constitution which was adopted in force on 26th Oct. 1956, and came into force on 26th Jan. 1957, defined substituted expression as Parmament residents in place of state subjects to be a person who on the appointed day of 14th May 1944, was a state subject of class I or of II class or having lawfully acquired immovable property in the state prior to 14th May 1954 in general but in case, who on the day of 14th May 1954 was a state subject of class I&II and despite having migrated after the 1st day of March’1947 to the territory of Pakistan, if he returns to the state of J&K under a permit of resettlement in the state or permanent return issued by or under the authority of law made by the state Legislature was deemed to be a permanent resident of the state. Further in terms of section 6 of the state constitution, Shiekh Mohammad Abdullah after again coming into power in 1975, further enacted the Resettlement Act in 1982 and sent to the Union of India for her assent which could not nature because of pendency of the reference before the Apex court till August 2019.
(To be continued)