Srinagar: Welcoming the Governor N N Vohra’s request to centre to defer Article 35 A case in the Supreme Court, the Communist Party of India (M) senior leader Mohammad Yousuf Tarigami said both Union of India and State Government should make all possible efforts to contest the case with full zeal.
Jammu and Kashmir state is under Governor rule since June 20 following resignation by Chief Minister Mehbooba Mufti after BJP pulled out from the over three year coalition government with PDP.
Mr Targami, the lone CPI(M) member in the 87 member House, in a statement here on Saturday afternoon termed Mr Vohra’s reported request to New Delhi to defer the hearing of Article 35A case in Supreme Court until an elected government is in place in Jammu and Kashmir as a welcome step.
Article 35-A of the Constitution of India is required to be protected so that the constitutional relationship of the State with the Union of India is maintained as is existing till date. Constitutional validity of this provision is required to be protected at all costs, he said.
Both Union of India and State Government should make all possible efforts to contest the case with full zeal. State of Jammu and Kashmir enjoys unique constitutional position within the Union of India and Article 35-A is a protective umbrella for all state subject laws, Mr Targami said.
Any effect on Article 35A will make such laws prone to challenge. Laws providing for privileges to State Subjects are basis of our own Constitution and any step towards weakening such laws will have disastrous effect.
He said the reported request by the Governor to New Delhi to defer the hearing of Article 35A case until an elected government is in place the state is a need of the hour. Both the Centre as well as state governments can make a request to the Supreme Court to adjourn the case because there is no democratically elected government in J&K.
