Srinagar, July 28: CPI (M) leader and MLA Kulgam Mohammad Yousuf Tarigami Saturday termed Governor N N Vohra’s reported request to New Delhi to defer the hearing of Article 35A case in Supreme Court until an elected government is in place in Jammu and Kashmir as a welcome step.
Article 35-A of the Constitution of India is required to be protected so that the constitutional relationship of the State with the Union of India is maintained as is existing till date. Constitutional validity of this provision is required to be protected at all costs.
Both Union of India and State Government should make all possible efforts to contest the case with full zeal. State of Jammu and Kashmir enjoys unique constitutional position within the Union of India and Article 35-A is a protective umbrella for all state subject laws.
Any effect on Article 35A will make such laws prone to challenge. Laws providing for privileges to State Subjects are basis of our own Constitution and any step towards weakening such laws will have disastrous effect.
The reported request by the Hon’ble Governor to New Delhi to defer the hearing of Article 35A case until an elected government is in place the state is a need of the hour. Both the Centre as well as state governments can make a request to the Supreme Court to adjourn the case because there is no democratically elected government in J&K.