K R K VARA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the President of the Indian Fundamental Rights Association having its Head-quarters at Secunderabad. He seeks for the declaration that the definition given under Section 18 of the Indian Penal Code is ultra vires of the Constitution.

(2.) According to him, Article 1 of the Constitution defines India as the Union of States and hence it includes the State of Jammu and Kashmir. He, therefore, contends that Section 18 I. P. C. which defines India as the territory of India excluding the State of Jammu and Kashmir, is opposed to Article 1 of the Constitution and is therefore, unconstitutional. He argues that Parliament has no power or authority to exclude the State of Jammu and Kashmir in the definition of India under Section 18 of the I. P. C. contrary to the definition of India under Article 1 which includes the State of Jammu and Kashmir.

(3.) Article 1 of the Constitution reads as follows:-