Srinagar, Mar 1: Former J&K chief minister Omar Abdullah said that the Governor has no power to give concurrence to application of a Constitutional Provision.
He was reacting to Union Cabinet approving the proposal of Governor Administration regarding extending two constitutional amendment to the state of Jammu and Kashmir. Mr Abdullah said that though the proposed Presidential Order by itself may not raise alarm, the method adopted is highly objectionable. “We will consult lawyers to see how best we can challenge this blatantly unconstitutional order in court,” he said.
The Union Cabinet, which was chaired by Prime Minister Narendra Modi late last evening, has approved the proposal to extend constitution 77th amendment (reservation in promotion for the scheduled castes and scheduled tribes) and constitution 103rd amendment (reservation for economically-weaker sections of society) to J&K.
'Article 370 makes concurrence of Government of Jammu and Kashmir a condition precedent for extension of a Constitutional provision not falling under three subjects,' Mr Abdullah, who is the vice-president of National Conference (NC), wrote on micro-blogging site twitter.
He said the Government means an elected government. “President cannot seek concurrence of Governor who is a representative or agent of President. Same will apply even where only consent is required,” he said. “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 application of a Constitutional Provision. It is only an elected Govt,” he tweeted.
“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,” he said.
However, he said the order is not linked with Article 35A. “Why is social media linking this order to 35A? It’s about extending reservation. My lawyers tell me from the initial reading of it that it has no bearing on 35A at all. Please take a deep breath & ask experts before jumping to conclusions,” he added. (UNI)