A day after Union Cabinet approved the Jammu and Kashmir Reservation Amendment (Ordinance), major Political players in the valley started questioning the method adopted to bring in the amendment. The two top parties in Valley – Peoples Democratic Party (PDP) and National Conference(NC) said that they are considering to approach the Court in the matter.
PDP while terming it as Constitutional Vandalism, said, ‘The Governor’s administration cannot give consent to any such amendment because it is beyond their authority. They are brazenly fiddling with matters pertaining to the constitutional relationship between J&K and the Union of India. We will challenge this brazen violation of the Constitution in court’.
PDP Official twitter further said, ‘Governor administration, which by design is interim in the arrangement, is stretching its mandate a bit too far. The concurrence of an elected not nominated government is a must for any amendment to the 1954 presidential order and thereby is in contravention to the spirit Art 370’
The act of according concurrence by the administration is beyond its authority/ jurisdiction & brazenly fiddles with matters which pertain to constitutional relationship between J&K and Union of India. Our party is consulting legal experts on this matter.
— J&K PDP (@jkpdp) February 28, 2019
While the National Conference called it an assault on Jammu and Kashmir’s autonomy. NC working President Omar Abdullah said in a tweet, ‘Though the proposed Presidential Order by itself may not raise alarm, the method adopted is highly objectionable. Governor has no power to give concurrence to the application of a Constitutional Provision. It is only an elected Government’.
He added, ‘The Government means an elected government. President cannot seek the concurrence of Governor who is a representative or agent of President. Same will apply even where only consent is required’. ‘It is for this reason that @JKNC_ (Jammu and Kashmir National Conference) will consult eminent lawyers tomorrow to see how best we can challenge this blatantly unconstitutional order in court, Omar added.
It is for this reason that @JKNC_ will consult eminent lawyers tomorrow to see how best we can challenge this blatantly unconstitutional order in court.
— Omar Abdullah (@OmarAbdullah) February 28, 2019
The Centre’s Decision to amend the Constitution order, to extend provisions of two Acts of Parliament to J&K, is seen in the state as a prelude to repeal Article 35A through a similar mechanism in the absence of an elected government in J&K.
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Both the parties – PDP and NC – however, have not opposed the two Acts being extended to the state but insist that the route taken is a breach of Article 370.
Sajad Lone’s People’s Conference party also stated that “amending Constitutional provisions in absence of an elected government will not only have bearing on J&K’s constitutional relationship with India but also (lead to) further trust deficit between people (in J&K) and the Centre.”
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