Srinagar, Jun 29: CPI (M) senior leader and MLA Kulgam, Muhammad Yousuf Tarigami on Thursday submitted a note in the Goods and Services Tax (GST) Consultative group meeting, which was held today.
Tarigami in a note said that the government should find answers in the laws enacted or to be enacted by the State legislature rather than extending constitutional amendment to the State.
He said that after 1975, only two Constitutional Amendment Acts, that is, 52nd Constitutional Amendment Act, 1985 and 61st Constitutional Amendment Act, 1988 have been partially made applicable to the State of Jammu and Kashmir.
Tarigami said these two Constitutional Amendment Acts had been made applicable only because 52nd Amendment Act related to anti-defection law with regard to members of Parliament and 61st Constitutional Amendment Act related to lowering of voting age from 21 to 18 years in case of Parliament elections.
“There seems to be a consistent policy of the State Government for not extending Constitutional Amendments to the State. After that almost fifty amendments have been made in the Constitution of India and not a single amendment has been made applicable to the State,” he said.
He also said that time and again, there is a debate and concerns expressed by various sections of the society that by extending Constitutional Amendments to the State of Jammu and Kashmir, the autonomy of the State has been eroded and the powers of the State have been surrendered to Union. “Government should find answers in the laws enacted or to be enacted by the State Legislature rather than extending Constitutional Amendment to the State,” he added.
MLA Kulgam also said that the application of Constitutional Amendment will not be reversible process, which means once this amendment is made applicable; there will be no chance of reversal of positions.
“At present State Government is at stronger footing and by exercising its legislative competence, it can enact laws similar to Goods and Service Tax Acts enacted by the Parliament,” he said.
He also said that in case after some period of time, state government comes to a conclusion that the GST regime is working to the detrimental of the State interest, state government will be in a position to withdraw and restore status quo ante but in case of application of Constitutional Amendment, the position will be reverse as it will be only in the hands of the Union to reverse the position, which will surely be detrimental to State interests.
“A number of Central Legislations have been made applicable in the State by enacting similar legislations in the State or incorporating similar provisions in the State legislations. This mode can be adopted by the State Government in order to protect its constitutional position, as it may not require application of Constitutional Amendment and will siphon off the apprehensions in the minds of people that a bargain is being worked out by the State Government. Consultation with legal experts at State as well as national level is required to make this actually happen in the State,” he added. (KNS)