• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Friday, October 2, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

Decision of Union Cabinet Dated:February 28,2019 on application of 1954 order to Jammu and Kashmir a brazen violation of Article 370 of Indian constitution :NC’s Rather

K H News Service by K H News Service
March 1, 2019
in Latest Update
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar/March, 1: Former finance minister and senior National Conference leader, Abdul Rahim Rather on Friday strongly termed a brazen violation of the the article 370 of Indian constitution the decision of the union cabinet taken  on 28th February 2019  amend the Constitution (Application to Jammu and Kashmir) Order,1954 by way of the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019.

Calling the decision sans jurisdiction, Rather in a statement issued Friday said “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, unacceptable “, adding that “Uniquely, the state of Jammu and Kashmir is the only one to have negotiated the terms of its membership of the Union.”

He said that Parliament’s legislative power over the state was restricted to three subjects: Defence, External affairs and Communications. It was mutually agreed between government of India and the state in the year 1949 that “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 to it 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 J&K, the prior ’concurrence ‘of the state government was required. Even that concurrence alone did not suffice. It had to be ratified by the state’s Constituent Assembly.

Article 370(2) says “If the concurrence of the government of the state be given before the Constituent Assembly for the purpose of framing the constitution of the state is convened, it shall be placed before such Assembly for such decision as it may take thereon”.

Rather added that the state government’s authority to give the ‘concurrence’ lasted once the state’s Constituent Assembly was convened. It was an ‘interim’ power. Once the Constituent Assembly met, the state government couldn’t give its concurrence. Still less, after the Assembly met and dispersed in the year 1956.

Even if we assume that the concurring power of the state government continues to exist, the procedure to do so is provided in Article 370 itself. The ‘Government ‘which was given concurring power is defined in Explanation to clause(1) of Article 370 as follows:

“For the purpose of this Article, the Government of the state means the person for the time being recognised by the President as the Maharaja of J&K acting on the advice of Council of Ministers for the time being in office under the Maharaja’s proclamation dated 5th day of March,1948”. Thus, it becomes absolutely clear that the ‘Governor’ doesn’t fit in this definition by any stretch of imagination. How can a Union Government’s own appointee give ‘Concurrence’ to apply any provision of the Indian Constitution to the state? If he does so, it will be a clear nullity.

He said that such type of actions on part of the central government are bound to prove counterproductive and further alienate the people of this troubled state.

He said that the autonomy granted to the state at the time of accession was unconstitutionally and illegally eroded from time to time. Right till the Delhi agreement of 1952, the state didn’t accept any provisions of the constitution of India other than those agreed to in the Instrument of Accession and retained its autonomy. The pace of erosion of state autonomy from 1953 onwards can be gauged from a perusal of a long list of constitution orders applying various provisions of the Indian constitution to the state every now and then.

Rather said that autonomy has remained, since the days of accession, the heartbeat of the people of state.

“Today we find the state has lost all semblance to autonomy. Its erosion is the primary cause for Kashmir discontent,” Rather added.

K H News Service

K H News Service

Related Posts

SIA Kashmir Raids Two Kulgam Premises in Transnational Human Trafficking, Cyber Fraud Probe

SIA Kashmir Secures Interpol Red Corner Notice Against Hizbul Terrorist In 2013 Tarzoo Attack Case
by KH Web Desk
October 1, 2026

In a significant action against an organized transnational human trafficking and cyber fraud network, the State Investigation Agency (SIA), Kashmir,...

Read moreDetails

Day 11: Forestry Students Continue Peaceful Protest, Hunger Strike Enters Third Day

Day 11: Forestry Students Continue Peaceful Protest, Hunger Strike Enters Third Day
by KH Web Desk
October 1, 2026

Ganderbal, Oct 1: Students of the Faculty of Forestry at Sher-e-Kashmir University of Agricultural Sciences and Technology of Kashmir (SKUAST-K),...

Read moreDetails

Kashmir Marathon Sends Message That No Goal Is Too Distant for United India: LG Sinha

Kashmir Marathon Sends Message That No Goal Is Too Distant for United India: LG Sinha
by KH Web Desk
October 1, 2026

SRINAGAR, OCTOBER 01: The Lieutenant Governor, Manoj Sinha today graced the closing ceremony of the Kashmir Marathon- Run for Unity....

Read moreDetails

J&K EV Policy 2026 notified, sets six-year roadmap for cleaner mobility: CM Omar Abdullah

Never promised power rates won’t increase: CM Omar Abdullah on 6.83% electricity hike
by KH Web Desk
October 1, 2026

Congratulates Minister Satish Sharma, Transport Department for EV Policy-2026 SRINAGAR, OCTOBER 1: The Jammu and Kashmir Government has notified the...

Read moreDetails

Infant, 2, dies after falling into water tub in Kupwara

Infant, 2, dies after falling into water tub in Kupwara
by KH Web Desk
October 1, 2026

Kupwara, Oct 01: A two-year-old boy died after he accidentally fell into a water tub at his home in Qalamabad...

Read moreDetails

“Let Us Hope Govt Works on It”: Sajad Lone Cites Speaker’s Direction To Study EWS Norms Followed by Other States

“Let Us Hope Govt Works on It”: Sajad Lone Cites Speaker’s Direction To Study EWS Norms Followed by Other States
by KH Web Desk
October 1, 2026

Calls 92% Poor in Jammu, 8% in Kashmir "A Joke" on Science of Economics Srinagar, Oct 01: J&K Peoples Conference...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW