J&K has no sovereignty: SC

1. What: The SC has held Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution, and citizens of the State are “first and foremost” citizens of India
2. Context: It made this observation while describing as “wholly incorrect” the conclusion arrived at by the J&K HC.
3. The HC had said that the State has “absolute sovereign power” to legislate laws touching the rights of its permanent residents regarding their immovable properties.
4. The SC said the J&K Constitution is subordinate to the Constitution of India.
5. It said this while holding that provisions of the SARFAESI Act, 2002, are within the legislative competence of Parliament and can be enforced in J&K.
6. The State Bank of India had appealed against the HC verdict which held that the SARFAESI Act would collide with the Transfer of Property Act of Jammu & Kashmir, 1920.
7. The SC set aside the verdict of the High Court that held that any law made by Parliament which affects the laws made by a State legislature cannot be extended to J&K.