National Conference, Peoples Democratic Party may move court against Modi govt over Article 370

A political storm has hit the Valley after the Union Cabinet amended the Constitution Application Order 1954 to extend 10 per cent reservation to the economically weaker sections and provide the scheduled castes and scheduled tribes of Jammu and Kashmir with benefits of promotions in services.

The National Conference (NC) and the Peoples Democratic Party (PDP) are planning to challenge the order in the courts. According to the parties, the concurrence of an elected and not only nominated government is a must for any amendment to the 1954 presidential order.

The amendments were made through a presidential order under clause (1) of Article 370, after receiving recommendations from Jammu and Kashmir Governor SP Malik.

"Article 370 makes concurrence of the government of Jammu and Kashmir a condition precedent for extension of a constitutional provision not falling under three subjects. The government means an elected government. President cannot seek concurrence from the governor, who is a representative or agent of the President. Same will apply even if consent is required. Keeping all these points in mind, the NC will consult eminent lawyers on Saturday to find the best way to challenge the blatantly unconstitutional order in court," Omar Abdullah, former J&K chief minister, tweeted.

Former Finance Minister and senior National Conference leader Abdul Rahim Rather said that the Parliament's legislative power over the state was restricted to three subjects: defence, external affairs, and communications.

"It will be for the Constituent Assembly of the State, when convened, to determine in respect of what other subjects the state may accede. The President could, however, extend it to other provisions of the Constitution if they related to the matters specified in the Instrument of Accession. For all this, only 'consultation' with the state government was required. If other constitutional provisions and union powers were to be extended to the state of Jammu and Kashmir, the prior 'concurrence 'of the state government was required," Rather said.

The PDP said that the governor's administration, which by design is interim in arrangement, is stretching its mandate a bit too far. The concurrence of an elected and not a nominated government is a must for any amendment to the 1954 presidential order and thereby is in contravention to the spirit Article 370, the party said.

"Why is the Government of India adamant about adding fuel to the fire and letting the situation slip out of control? Why push Kashmiris to the wall? The PDP is willing to work with like-minded parties and people of the state to fight this in the courts", said Mehbooba Mufti, PDP president.

WHY THE STEP

• The PDP said that the governor’s administration, which by design is interim, is stretching  its mandate a bit too far 
   
• The concurrence of an elected and not a nominated government is a must for any amendment to be made to the 1954 presidential order