Supreme Court Disposes Petitions Against 1982 J&K Law on Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal

Supreme Court Disposes Petitions Against 1982 J&K Law on Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal 

In a recent development, the Supreme Court of India dismissed long-standing petitions challenging the constitutional validity of the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return to) the State Act, 1982. These writ petitions, some pending since 1982, were rendered infructuous after the Court found that the law never came into effect and was eventually repealed under the Jammu and Kashmir Reorganization Act, 2019.  

The 1982 Act was passed to permit individuals who were residents of Jammu and Kashmir before May 14, 1954, and who migrated to Pakistan after March 1, 1947, to return permanently to the State. The law also extended this right to their spouses, children, and widows, even if they had never held Indian citizenship, provided they applied for a permit. They pledged allegiance to the Constitutions of India and Jammu & Kashmir. 

Initially, when the 1980 Bill was passed by the State Legislature, it was referred to the President of India. Using powers under Article 143 of the Constitution, the President sought the Supreme Court’s opinion on whether the bill, if enacted, would be constitutionally valid. However, the Constitution Bench returned the reference unanswered in 2001, noting that the bill had already become law in 1982. 

The petitions challenging the Act remained pending. In 2002, the Supreme Court imposed a stay on the law. In 2008, the matter was referred to a Constitution Bench due to questions involving the interpretation of both the Indian Constitution and the former J&K Constitution. However, it was later heard by a three-judge bench. 

During the proceedings, the State of Jammu and Kashmir filed an affidavit in 2019 stating that the “Competent Authority” required under the Act was never notified. Thus, no applications were ever received or processed under the law. The court concluded that since the Act was never operationalized, it held no legal impact in addition, the Jammu and Kashmir Reorganization Act, 2019, which reorganized the State into two Union Territories, repealed the 1982 Act explicitly. The repeal is noted in Table-3 of the Fifth Schedule of the 2019 Act. 

The bench comprising Justice Surya Kant, Justice Dipankar Datta, and Justice Nongmeikapam Kotiswar Singh  disposed of all petitions accordingly on April 22, 2025. They emphasized that no rights had been granted under the Act during its existence and that its repeal makes further legal scrutiny unnecessary. 

Case Details: JAMMU & KASHMIR NATIONAL PANTHERS PARTY v. UNION OF INDIA & ORS.|Writ Petition(s) (Civil) No(s).578/2001