Excelsior Correspondent
SRINAGAR, Aug 14: Former Union Minister and patron of J&K Peoples’ Empowerment Mission Prof Saif-ud-Din Soz has said that Supreme Court has issued notice to J&K Govt on scrapping of Article 35-A of the Constitution of India.
In a press statement issued here Prof Soz said that he had imagined that the Supreme Court of India would not take serious notice of the petition of the so-called J&K Study Centre- the RSS think-tank, seeking scrapping of Article 35-A of the Constitution of India which authorizes the J&K Legislature to enact laws to confer Special Rights or privileges or impose restrictions with respect to employment, acquisition of immoveable property in the State, settlement in the State and right to scholarship etc.
As per Article-35-A, such legislation shall be valid not withstanding that it is inconsistent with the Fundamental Rights conferred by the Constitution of India upon the other citizens of India, Soz maintained.
“I had imagined that the Supreme Court would not take notice of this petition as it was a political issue settled long ago. Now that the Supreme Court has issued the notice to J&K Govt, I consider it necessary to ask the J&K Govt not to be complacent and fight the issue in the Supreme Court with all seriousness. I want also to ask the J&K Govt not to indulge in any kind of politics on this issue and tackle the issue as a serious legal proposition,” he added.
“I would further expect that the people of Kashmir, particularly mainstream parties, rise to the occasion in appreciating the implications of the RSS’ obnoxiously communal designs viz-a-viz J&K State. It is a very crucial political question and it has to be tackled politically in a democratic and constitutional way,” he said.
The former PCC chief said, “I would also like to take the position in full support of AG Noorani that Parliament of India has no Legislative competence to make laws in respect of J&K State subjects/citizens as defined by law and under Section-6 of the Constitution of J&K in respect of their immoveable properties.”