The ruling Peoples’ Democratic Party(PDP) particularly the Chief Minister Mehbooba Mufti also holding the responsibility of party presidency is contemplating directionless initiatives on Art 35 challenged by a lesser known non-governmental organization (NGO) “We the Citizens” in the supreme court of India. Though Chief Minister Mehbooba Mufti held meetings with all the mainstream opposition leaders including National Conference President Farooq Abdullah and briefed Union Home Minister Rajnath Singh and Prime Minister Narendra Modi about the political compulsions and the legal complications coming in the way of government in defending the constitutional validity and legality of the Article 35 A in the supreme court where the Article 35 A has been challenged by a lesser known non-governmental organization (NGO) “We the Citizens” believe to be drawing close ideological proximity with the RSS and hard core affiliates of BJP. What the makes the state government’s defence directionless is PDP’s complete silence on legislative measures required for ratification of article 35 A by both the state assembly and as well as the parliament. Engagement of a legal luminary like Fali S Nariman for defending the case against 1954 presidential order on article 35 A in the Supreme Court is a wise decision but the Chief Minister has not so for even thought about the ratification of 1954 presidential order on article 35 A by both the state assembly and as well as the parliament. Political engagement process including discussion with the mainstream opposition parties in the state and the Union Home Minister and the Prime Minister in Delhi had to be focused on legislative remedies and PDP after lending whole hearted support to BJP for extension of article 101 of the Indian constitution to implement Goods and Services Tax (GST) in the state was within its right to seek the support of BJP for ratification of the presidential order of 1954 on article 35 A both in the state assembly and as well as the parliament. Knowing that BJP does not support even the legal moves of the Jammu & Kashmir government on article 35 A despite being a constituent of the ruling alliance the Chief Minister does not dare to take a legislative route for ratification of the 1954 presidential order on article 35 A.
Better for Chief Minister Mehbooba Mufti to start massive campaigning for the legislative ratification of the presidential order of 1954 on article 35 A and close the chapter of tinkering with all the legislations related to special status of Jammu & Kashmir once for ever.
Even naives understand that once the state assembly and the parliament ratifies 1954 presidential order on article 35 A the legality of the petition of the lesser known non-governmental organization (NGO) “We the Citizens” against article 35 A can be objected and challenged and finally the petition against article 35 A is liable to be dismissed by the supreme court itself. So better for Chief Minister Mehbooba Mufti to start massive campaigning for the legislative ratification of the presidential order of 1954 on article 35 A and close the chapter of tinkering with all the legislations related to special status of Jammu & Kashmir once for ever.
