Justice Masoodi known for giving controversial decisions in the past has once again tried to create confusion by stating that it is impossible of present political incumbency to amend the constitutional provisions particularly proviso added to section 47 of the Constitution of J&K. The statement of the National Conference MP elect from Anantnag is not only politically motivated but also perverse to basic tenets of law, stated Brig Anil Gupta, State Spokesperson of Bharatiya Janata Party.
In a press statement issued here today by the Party, Brig Gupta has stated that BJP vehemently and unequivocally contests the statement made by the NC leader that “Neither the Parliament nor the President have power to amend the Constitution of Jammu and Kashmir in exercise of powers under Article 356 and 357.” Justice Masoodi himself has conceded by stating that under “Presidents’ rule, the legislative power can be exercised by the Parliament, if so declared by the president.”
He is however, trying to sow the seeds of confusion by presenting wrong and motivated interpretation of Article 357. The Kashmir-centric leaders always interpreted the Constitution and provisions therein to suit their political convenience under the garb of protecting Kashmiri identity, rued Brig Gupta. The attempt to carry out fresh delimitation which does not suit their interest is challenged by them terming it unconstitutional. Article 357 empowers the President to “make laws” and this term is all inclusive and includes authority to legislate as well as amend the constitution of the state, asserted Brig Gupta.
The Supreme Court has already ruled that “No vestige of sovereignty for J-K outside Constitution of India.” While deciding the applicability of SARFAESI Act 2002 to the state of J&K, the Supreme Court further observed, “… they (residents of state) are governed first by the Constitution of India and also by the Constitution of Jammu & Kashmir,” The Supreme Court judgement is unambiguous and crystal clear and should not leave any doubt in the minds of the likes of Justice Masoodi and other NC leaders, said Brig Gupta.
Brig Gupta also said that BJP firmly believes in undoing the deliberate injustice done to the people of Jammu & Ladakh by denying them political empowerment through arbitrary distribution of seats in the legislature favouring Kashmir at the cost of other two regions. By voting BJP to power the people have imposed faith in the party for removing regional disparities and doing justice to all the regions of the state. Fresh delimitation is imperative in order to grant political justice for voters of all regions and religions of the state as well as to provide political reservation to the ST Community, asserted Brig Gupta.
