President Ram Nath Kovind late Friday evening issued anorder to extend two Central constitutional amendment Acts to Jammu &Kashmir.
The President amended the Constitution Application Order1954 to extend the 77th amendment (reservation in promotion for the scheduledcastes and scheduled tribes) and constitution 103rd amendment (reservation foreconomically-weaker sections of society) to the state.
The Presidential order was issued a day after Union Cabinetchaired by Prime Minister Narendra approved the proposal sent by state governorfor application of these amendments to the state.
According to the notification issued by the Union LawMinistry, the President while invoking his powers under Article 370 made theorder with the concurrence of the government of Jammu and Kashmir, somethingthat raises questions given the fact that the state is presently without anelected government.
The concurrence for extending these amendments was given bythe governor Satya Pal Malik, the government of India’s own nominee.
Under Article 370, the constitutional amendments can beextended to J&K only on concurrence of the state government. No amendmentmade in the constitution of India gets applied to J&K unless concurrencefor the same is given by the government of the State.
The extension of these amendments has triggered a majorcontroversy in the State, with all mainstream parties and legal expertsquestioning their application in absence of an elected government in the State.
They argue that only an elected government is legallyempowered under the Article 370 to give nod for extending any central law tothe state. The successive regimes of the state post 1977 have been averse toextending constitutional amendments to the state, citing J&K specialstatus. Extension of central laws is seen as erosion of the state’s autonomy,which faced assaults between 1954 to 1977.
The last constitutional amendment was applied to J&K in2017 when PDP-BJP government gave nod for introduction of GST in the State.
This is the second time when significant constitutionalamendments have been extended to the state in absence of an elected government.
In 1986, the president issued an executive order underArticle 370, extending Article 249 to J&K which “empowers the parliament tolegislate even on a matter in the State List on the strength of RajyaSabharesolution”. Concurrence to the presidential order was given by then Centre’sown appointee, governor Jagmohan.
Four constitutional application amendment orders were alsoissued during President’s rule in nineties to extend tenure of central rule inthe State.