Excelsior Correspondent
SRINAGAR, Mar 1: CPI (M) senior leader and former MLA, Kulgam, Mohammed Yousf Tarigami today said that there is no dispute in Jammu and Kashmir regarding granting reservation in promotions for the Scheduled Castes, Scheduled Tribes and economically-weaker sections of the society as nobody is against it.
In a statement issued here, today he however said, the concurrence for extending these amendments was given by the Governor, Satya Pal Malik, the Government of India’s own nominee, after the State Administrative Council (SAC) approved the proposal earlier this month for which the Governor administration doesn’t have moral or political authority to take such Constitutional decisions.
Tarigami said such decisions should have been left to the elected representatives who have the mandate of people. The mandate to take Constitutional decision lies with the State Assembly. There is already lot of mistrust and chaos in the State and such decisions taken by the Governor administration won’t have positive impact on the overall situation, he added.
He said isn’t it a reality that extensive autonomy guaranteed by the Constituent Assembly of India to J&K under Article 370, has been sufficiently eroded and made hollow? The extent of the misuse of Article 370 itself to encroach on the State’s powers can be seen from one of the measures taken in July 1986. The President of India made an order under Article 370 extending to the State Article 249 of the Constitution in order to empower Parliament to legislate on a matter in the State list on the strength of a Rajya Sabha resolution.
He also wanted to know why political parties never challenged extension of Article 249 to J&K?
This sort of overriding the State list can’t be done with regard to other states. At any rate issuing Constitution (Application to Jammu and Kashmir) Amendment Order while there is no elected Government for the State of Jammu and Kashmir in office is totally undemocratic and against letter and spirit of Article 370. This is part of systematic approach of the Union Government for diluting the autonomy of Jammu and Kashmir State under the Constitution. By passing successive orders they have made Article 370 an empty shell only, he added.
JKPCC vice president and former MLC, G N Monga while criticising the extension of constitutional amendments to the State said the same should have been left to elected Government.
In a statement issued here, today he said no body is against the granting of reservation in promotions for the SCs and STs as well as reservation to EWS of the society, however such decisions should be left to elected Government as in the present case the concurrence for extending these amendments were given by Governor, the Government of India’s own nominee.
Peoples Conference has also objected to Union Cabinet decision to amend the Constitution Order , 1954 by way of the Constitution application of J&K Amendment Order 2019 amending constitutional provisions in absence of an elected Government.
The party general secretary Imran Raza Ansari in a statement issued here, today said it will not only have bearing J&K Constitutional relationship with India but also further the trust deficit between people and Centre.
Ansari said that Union Cabinet should desist from making amendments to Constitution Order , 1954 on recommendations of the Governor.
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