Srinagar, Mar 02 : Kashmir Centre for Social and Developmental Studies (KCSDS) Saturday said that the amendment of 1954 presidential order on the recommendation of its own nominee is a ‘fraud’.
Addressing a press conference, KCSDS Chairperson Prof Hameedah Nayeem said “the Govt cannot amend 1954 presidential order on the recommendation of its own nominee.”
“As you are aware that any application of constitutional provision to state of J&K according to 1954 presidential order cannot be applied to the state but only through a presidential order under clause (1 )of article 370 after obtaining due concurrence of the elected State Govt, though in actual terms it is state constituent Assembly, in whose absence no law could be extended to the state and all such laws extended from time to time are null and void according to legal experts of 370, Noorani, Aman Hingorani etc) Though the article has been hollowed downed by easy connivance of the puppet govts & reduced to a husk over the years yet the remnants could not be consumed and consigned to the dustbin of history in this blatantly fraudulent manner throwing all relevant procedures and democratic and ethical norms and above all the political commitment to the state to winds,” she said.
She added the concurrence of the state Govt after deliberations, discussions and consultations are a must before the president can issue any such order for the state. “The concurrence does not mean ritual stamp of the state Govt but implicitly contains the power to reject in case it is not found suitable for the common citizenry by the elected govt,” she said.
As the State Govt. is under President’s rule at the moment, obviously any application of Indian constitutional provision to state can’t be made and any such application has to wait for the due concurrence of the elected govt But the president of India in the present instance has committed an act of monumental fraud and deceit by applying the constitutional 77th and 103rd amendment to the state by obtaining consent from his own nominee or representative the Governor of the State, she added.
“The malafides behind the President’s and Governor’s action can be gauged from the fact that 77th amendment is being applied to State after a period of 24 years after its inception during which period four elected Governments were in place and they never allowed its application to the state. The order has serious ramifications especially because previous govts have never allowed this. This is a single step away from doing away with 35A!,” she said.
She said there is only one instance of such a constitutional fraud which happened in 1986 again under governor rule. “The President made an order under Article 370, extending to Kashmir Article 249 of the Constitution in order to empower Parliament to legislate even on matters in the State List on the strength of a Rajya Sabha resolution,” she said.
“Concurrence” to this was given by the Centre’s own appointee, Governor Jagmohan. But the Govt. of collaborators installed in 1987 on the basis of rigged elections did nothing to cancel the fraud. However challenge to it byA R Rather and Mohd Shafi Uri is still pending with high court,” KCSDS said.
KCSDS said through the medium of this press conference, we urge President of India to immediately withdraw his order of application to respect political commitments to the state and constitutional norms and democratic ethics emanating from that commitment.
“We are giving 15 days to GOI and the governor to withdraw these amendments failing which appropriate public response will be initiated with the joint consultation of all the major civil society organizations including Bar Association, trade chambers, employees’ bodies and concerned citizens of the state,” KCSDS said.
Among others, present on the occasion were Adv. Mohammad Ashraf Bhat, Dr. Javid Iqbal, Prof. Sidiq Wahid, Abdul Majid Zargar, Shakeel Qalander, G. M Dug, Faiz Bakshi, Syed Fazal Illahi and others.
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