SUPREME COURT OF INDIA

Before:- S.P. Bharucha, C.J.I., Syed Shah Mohammed Quadri, N. Santosh Hegde, S.N. Variava and Shivaraj V. Patil, JJ.

Special Reference No. 1 of 1982. D/d. 6.11.2001.

IN RE: The Jammu and Kashmir Grant Of Permit For Resettlement In (Or Permanent Return To) The State Bill, 1980 - Petitioner

Versus

ABC - Respondent

Constitution of India, Article 143(1) - Jammu and Kashmir Grant of Permit For Resettlement In (Or Permanent Return To) The State Bill, 1980 - Presidential Reference - President of India sought opinion as to whether the Jammu and Kashmir Grant of Permit for Resettlement in (or permanent return to) the State Bill, 1980 or any of the provisions thereof, if enacted, would be constitutionally invalid - Having regard to the fact that the Bill became an Act as far back as in 1982, it appears to us inexpedient to answer the question posed to us in the Reference - Even if answer the question in the affirmative, Supreme Court would be unable to strike down the Act in this proceeding - Reference, respectfully, returned unanswered.

[Para 5]

Cases Referred :-

Dr. M. Ismail Faruqui v. Union of India, 1994 (6) S.C.C. 360.

In re : Special Reference No. 1 of 1964, 1965(1) S.C.R. 413.

JUDGMENT

1. This is a Presidential Reference made on 30th September. 1982 under the provisions of Article 143(1) of the Constitution. The President of India seeks our opinion as to whether the Jammu and Kashmir Grant of Permit for Resettlement in (or permanent return to) the State Bill, 1980 or any of the provisions thereof, if enacted, would be constitutionally invalid.

2. The Bill was passed by both Houses of the Legislature of the State of Jammu and Kashmir in April, 1982. On 18th September, 1982, the Governor of the State sent the Bill back expressing certain reservations. On 30th September, 1982, as afore-mentioned, this Presidential Reference was made. On 4th October, 1982, the Bill was passed again by both Houses of the State Legislature in the form in which it originally stood. This having happened, the Governor gave assent on 6th October, 1982 and the Bill became an Act.

3. It may be mentioned that a writ petition in the same regard had been filed in this court in 1982 (Writ Petition (C) No. 4925 of 1982), which was dismissed on 30th August, 1999 by reason of the death of the writ petitioner.

4. Under the provisions of Article 143, this court may, respectfully, decline to express its advisory opinion, if it is satisfied that it is not appropriate to do so "having regard to the nature of the questions forwarded to it and having regard to other relevant facts and circumstances". [See In re : Special Reference No. 1 of 1964, 1965(1) S.C.R. 413 and Dr. M. Ismail Faruqui & Ors. v. Union of India & Ors., 1994 (6) S.C.C. 360].

5. Having regard to the fact that the Bill became an Act as far back as in 1982, it appears to us inexpedient to answer the question posed to us in the Reference. Even if we were to answer the question in the affirmative, we would be unable to strike down the Act in this proceeding. We think, therefore, that the Reference must be, respectfully, returned unanswered.

6. Order accordingly.

.