1961 (3) TMI 147 - SC - Indian Laws

Summary

Issues:
Challenge to the constitutionality of a provision in the Constitution (Application to Jammu and Kashmir) Order, 1954 made by the President under Art. 370(1) of the Constitution.

Detailed Analysis:
The petitioner challenged the modification made by the President under Art. 370(1) regarding the election process for seats in the House of the People from the State of Jammu and Kashmir. The petitioner argued that the President exceeded his powers by substituting direct election with nomination, which was considered a radical alteration in Art. 81. The petitioner sought a declaration of the modification as unconstitutional and a writ of quo warranto against the nominated members (paragraphs 1-2).

The Court examined the scope of Art. 370(1), which allows the President to apply provisions of the Constitution to Jammu and Kashmir with exceptions and modifications. It was noted that the President has the power to make exceptions where certain provisions of the Constitution would not apply to the State. Additionally, the President can apply provisions with modifications, which may include amendments. The Court emphasized that the word "modification" should be interpreted broadly in the context of the Constitution (paragraphs 3-6).

Regarding the specific modification in Art. 81 for Jammu and Kashmir, the Court determined that the introduction of indirect election through nomination did not constitute a radical alteration. The modification still involved an element of election, albeit indirect. The Court held that the President had the authority to make such modifications, including amendments, under Art. 370(1). Therefore, the petition challenging the modification was dismissed (paragraph 5-6).

In conclusion, the Court dismissed the petition challenging the constitutionality of the modification made by the President under Art. 370(1) regarding the election process for seats in the House of the People from Jammu and Kashmir. The Court upheld the President's power to make modifications, including amendments, under Art. 370(1) and deemed the modification in this case as valid (paragraph 7).