Law

KCCI seeking legal opinion regarding the validity of recent Cabinet orders

The Kashmir Chamber of Commerce and Industry (KCCI) has said that it is seeking legal opinion regarding the orders of the Union Cabinet making amendments to the Constitution Application Order of 1954, saying it would be supporting all stakeholders for a joint response.

In a statement, a KCCI spokesman said that taking State Government’s concurrence procured through the Governor when the State was under President’s Rule was an “attack on the constitutional guarantees given to the people of Jammu and Kashmir.”

“In the pursuit of electoral gains, the ruling party had not shied from abusing constitutional positions, without sparing a thought for how ethically or legally valid such actions would be,” the spokesperson said.

He said the KCCI is seeking legal opinion regarding the validity of the orders and would be supporting all stakeholders in whatever response they may jointly choose to take in this regard.

“The applicability of any law in Jammu and Kashmir cannot be forced upon the people, more so when the State is under President’s Rule. The process adopted thwarts the democratic process. The proposal sent for approval by the governor is unconstitutional,” he said.

ALSO READ: ‘Beyond Governor’s jurisdiction’: Experts, politicians react over amendment to 1954 Constitution Order

The KCCl, he said, has noted with concern the unprecedented politicization of the Raj Bhawan and how decisions on issues essentially political in nature are being regularly churned out.

“Apart from the statements issued from time to time, mention needs to be made of handing over of the Rattle Power Project, declaration of Ladakh as a division, changes in Stamp Duty Laws, repealing of the Roshini Act, tinkering with the status of the J&K Bank and other such decisions,” he added.

Meanwhile, President of India Ram Nath Kovind issued an order extending the benefits of reservation to economically backward sections in Jammu and Kashmir on Friday night.

According to PTI, a notification in this regard was issued after a meeting of the Union Cabinet, chaired by Prime Minister Narendra Modi, took a decision on Thursday to issue the order, a Home Ministry official said.

Government’s move came as Jammu and Kashmir is currently under the President’s Rule.

Prominent Kashmiri lawyer, Zafar Shah called the move “a fraud on the constitution and a danger to J&K’s Autonomy”. Due to the absence of an elected government in J&K, the order cannot be implemented, advocate Shah said.

“It’s a fraud on the constitution,” Shah told Free Press Kashmir. “The governor has no power to give consent on behalf of the government of Jammu and Kashmir.”

As on today, the state is under President’s rule and therefore, the recommendation is vitiated by constitutional bias, the advocate continued.

While many believe that the decision will pave way for abrogation of Article 35-A, 370 of the Indian Constitution, that empower J&K to stay autonomous, NC leader Abdul Rahim Rather said that the decision is without jurisdiction and a blatant violation of Article 370 of the constitution.

“We are not against the interests of the section of population sought to be benefitted through this amendment but the method adopted to achieve this goal is objectionable and unacceptable,” Rather said in a party statement.

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