AIR 1970 SUPREME COURT 1118 ::1970 LAB. I. C. 873

Supreme Court Of India

Hon'ble Judge(s): M. Hidayatullah, J. M. Shelat, V. Bhargava, G. K. Mitter, C. A. Vaidialingam , JJJ

(A) Constitution of India , Art.370, Art.35(c), Art.22— Article 370 never ceased to apply to Jammu and Kashmir - Effect - J. and K. Preventive Detention Act (13 of 1964) is not void. Jammu and Kashmir Preventive Detention Act (4 of 2011 Smvt.) , S.3— Constitution (Application to Jammu and Kashmir) Amendment Order (1959) , Para.— Constitution (Application to Jammu and Kashmir) Amendment Order (1964) , Para.— Article 370 of the Constitution has never ceased to be operative in Jammu and Kashmir. The President, therefore, could validly pass Constitution (Application to J. and K.) Orders in 1959 and 1964 extending time for giving protection to any law relating to preventive detention in Jammu and Kashmir against invalidity on the ground of infringement of any of the fundamental rights guaranteed by Part III of the Constitution, from five @page-SC1119 years under Article 35 (c) to ten years and fifteen years respectively. The J. and K. Preventive Detention Act (13 of 1964) is immune from being declared void on the ground of inconsistency with Article 22.(Para 8) The object of the Orders 1959 and 1964 orders was to extend the period of protection to the preventive detention law and not to infringe or abridge the fundamental rights, though the result of the extension is that a detenu cannot,....