Centre extends 2 constitutional amendments to J&K

The government of India has approved extension of twocentral constitutional amendments to Jammu and Kashmir on recommendations ofthe state’s governor for granting reservation in promotions and reservation foreconomically-weaker sections of the society.

The union cabinet chaired by Prime Minister Narendra Modihas approved the proposal to extend constitution 77th amendment (reservation inpromotion for the scheduled castes and scheduled tribes) and constitution 103rdamendment (reservation for economically-weaker sections of society) to J&K.

   

The concurrence for extending these amendments was given bythe governor Satya Pal Malik, the government of India’s own nominee, after thestate administrative council (SAC) approved the proposal earlier this month.

Under Article 370, the constitutional amendments can beextended to J&K only on concurrence of the state government.

Legal experts opine that concurrence for extendingconstitutional amendments can be given only by an elected government.

“Any constitutional amendment can be extended to the stateon the recommendations of state government, which means an elected government,”they suggested.

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 Rajya Sabharesolution”. Concurrence to the presidential order was given by then Centre’sown appointee, governor Jagmohan.

No amendment made in the constitution of India by theParliament gets applied to J&K unless concurrence for the same is given bystate government. All the constitutional amendments are extended to the statethrough Article 370 route.

The last constitutional amendment was extended to J&K in2017 when PDP-BJP gave nod for extension of GST.

The union cabinet Thursday also approved Jammu and KashmirReservation Ordinance to grant reservation for the people living along theInternational Border in Jammu, Samba and Kathua districts of Jammu province.

The ordinance for the same is being issued under J&Kconstitution by the President as Parliament is not in session.

The powers of J&K legislature are presently vested withthe Parliament.  But the President canissue ordinance under section 91 of Jammu and Kashmir Constitution.

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