State Subject

  1. Notification No.11-L/84 — Amended Notification No.13-L/1989 — Status of state subject was not permanently granted to a non-state subject woman who married a state subject — If she settled in the State she was to be state subject but if after the death of her husband she left the State for permanent residence outside the State she was to lose that status. President’s Reference No. 1 of 1996 1997 SCR 108 (B)
  2. If a state subject woman marries a non state subject and acquires nationality of her husband she would cease to be a state subject — If she does not acquire any other nationality she will remain state subject. President’s Reference No. 1 of 1996  1997 SCR 108 (D)
  3. Nationality of the father assumes greater importance in Azad Jammu & Kashmir because our laws do not allow dual nationality. President’s Reference No. 1 of 1996  1997 SCR 108 (E)
  4. Term ‘State Subject’ defined. Iqbal Razzaq Butt  v. Abdus Salam Butt 1998 SCR 387 (C)
  5. State Subject Certificate — Cancellation of — Remedy provided by way of appeal under State Subject Act is not adequate—Similarly the remedy before the Distt. Magistrate as well as the Council is also neither adequate nor efficacious. Iqbal Razzaq Butt  v. Abdus Salam Butt and 6 others 1998 SCR 387 (B)
  6. Right of State subject regarding possession of property — It is recognized principle of law that state subject could not be deprived of possession of his property without lawful means, i.e. State subject has not only right to receive compensation but Government is forbidden to acquire or take over possession of property without first satisfying conditions envisages in Fundamental Rights No.14 of the Azad Jammu and Kashmir Interim Constitution Act, 1974. Azad Govt. & 2others  v. Nizam Din & 14 others 2015 SCR 1077 (C)
  7. Notification I-L/84 dated 20th April, 1927 — Criterion of — State Subject — term — interpretation of. Zulfiqar Ali & others v. Prof. (R) M. Aslam Khan 2016 SCR 1139 (B) 1998 SCR 387 rel.
  8. — state Subject law, applicable in AJK, enjoys same status as of citizenship law of any other country — eligibility for grant of state subject certificate — classes of state subjects, discussed — Held: Having regard the aforesaid state of law in the State of Jammu and Kashmir, we are mindful of the fact that in the State of Jammu and Kashmir, the law relating to the “State Subject” shall be deemed to be a law relating to the citizenship applicable in any other State or country. The law of State Subject is a substantive right of the people of the State of Jammu and Kashmir. The Class-I State Subject can only be granted to a person born and residing within State before the commencement of the reign of His Highness the late Maharaja Ghulab Sing and also person who settled therein before the commence of sumvat year 1942, and have since been permanently residing therein, the Class-II State Subject can also be granted to the person other than those belonging to Class-I who settled within the State before the close of sumvat year 1968, and have since permanently resided and acquired immovable property therein, likewise all other persons, other than those belonging to class-I and class-II permanently residing within the State, who acquired under a riyat-nama any immovable property therein or who may hereafter acquire such property under and ijazat-nama and may execute a riyat-nama after 10 years continuous residence. Similarly, companies who have registered in the State in which the Government are financially interested or as to the economic benefit to the State or to the financial stability of which the Government are satisfied have been declared to be the Class-IV State Subjects. Notes-I to IV appended to the Notification No. I- L/84, provides that every class of State Subject shall have preference to the other and descendants of persons of any class of the State Subjects will be entitle to become the State Subjects of the same class. The wife or widow of a state subject of any class shall acquire the status of her husband as State Subject of the same class as her husband, so long as he resides in the State and does not leave the State for permanent residence outside the State. Sabeel Ahmed Chohan v. Iftikhar-ul-Hassan & others 2023 SCR 303 (HH)
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