Amendment doesn’t violate Art 370: Expert : The Tribune India

Join Whatsapp Channel

Amendment doesn’t violate Art 370: Expert

JAMMU: Amid voices being raised against the Union Cabinet’s decision to amend a clause in Article 370 on the recommendations of Governor Satya Pal Malik, legal experts say there is no violation or subversion of the Constitution (Application to J&K) Amendment Order, 1954, granting a special status to Jammu & Kashmir.



Tribune News Service
Jammu, March 1

Amid voices being raised against the Union Cabinet’s decision to amend a clause in Article 370 on the recommendations of Governor Satya Pal Malik, legal experts say there is no violation or subversion of the Constitution (Application to J&K) Amendment Order, 1954, granting a special status to Jammu & Kashmir.

The Cabinet on Thursday through a Presidential Order extended benefits of reservation in promotion to Scheduled Castes (SCs), Scheduled Tribes (STs), 10 per cent quota to Economically Weaker Sections among general categories and three per cent reservation in government jobs and educational institutions to the people living near the International Border (IB).

“The Cabinet has the power to amend the Constitutional Order, 1954. It can do it. The Governor is the government in J&K at present...There should be no ambiguity over the decision,” said Prof (retd) SK Sharma, former Head of Department (Law), Jammu University.

Prof Sharma, who has served as Information Commissioner in the state, said, “If the Centre shows political will, it can revoke Article 370 also.” He said J&K was under the Governor’s rule in 1986 and Article 249 was extended to the state by the Constitution (Application to J&K) Amendment Order, 1986.

“This order was issued with the concurrence of the Governor as there was no Council of Ministers to aid and advice him. Thus, the President’s move to issue an order under Article 370 with the request of the Governor in absence of a popular government was constitutionally valid,” he said.

Top News

Sure of NDA’s 3rd term, Modi draws up 100-day action plan

Sure of NDA’s 3rd term, Modi draws up 100-day action plan

Discusses ‘Viksit Bharat 2047’, 5-year agenda with Council o...

‘Dilli Chalo’ protest to resume on March 6; ‘rail roko’ on March 10, says farmer leader Sarwan Singh Pandher

Farmer leaders give ‘rail roko’ call for March 10, to reach Delhi on March 6

Farmer leaders assert that the farmers' ongoing agitation wi...

Denied Lok Sabha ticket from Chandni Chowk, BJP MP Harsh Vardhan bows out of active politics

'My ENT clinic awaits my return'; denied ticket from Chandni Chowk, Harsh Vardhan quits politics

BJP announces first list of 195 candidates for the forthcomi...

Pakistan’s newly elected PM Shehbaz Sharif rakes up Kashmir issuer, pledges to improve ties with all leading nations, including neighbours

Pakistan’s newly elected PM Shehbaz Sharif rakes up Kashmir

Shehbaz says Pakistan will not become part of any ‘great gam...

Those who play with future of youth will rot in jail for rest of their lives, parents’ properties will be confiscated: CM Yogi Adityanath

Those who play with future of youth will rot in jail, parents’ properties to be confiscated: Yogi Adityanath

CM also lays the foundation stone of Project Alankar worth R...


Cities

View All