Srinagar: An Allahabad high court advocate has written to Governor Jammu and Kashmir NN Vohra to use his powers and recommend scrapping of Article 370 from the constitution of India. The state is presently under the governors rule.
In his letter dated 23/06/2018, Advocate Udit Chandra while urging Vohra to recommend scraping of the Article 370 has said that ‘history is knocking your door once again’ and ‘let your name be written in golden words I the pages of history’.
The advocate has said that the Article 370 is temporary and not the basic part of the constitution of India.
“That, there is some difference b/w governor rule in the state of Jammu and Kashmir and in other states. As for a as Governors rule in other states of the country is concerned the same are covered by Article 356 while as per the constitution of Jammu and Kashmir 1956 the same is governed by Article92. While under Article 357 during governor Rule the powers of the governor are limited and are mostly confined to approval from parliament but the same is not wrt Article 92 of the J&K constitution,” he writes in his letter.
Chandra says that from the ‘plain reading of the said provision’ it is ample clear that the governor enjoys ‘unlimited power during the governor rule’, he explains saying that the governor can take all the actions which are necessary for enforcing the proclamation. “The said action includes executive functions, as mentioned in Article 92(1)(a) of the government oas well as the legislative function (as mentioned in Article 92 (4) of the constituent Assemblyis concerned. It also has the power to suspending the entire constitution of J&K if required,” he writes.
Read the full letter here, click on the link: article 370
“Therefore now seeing the present condition of Kashmir where there is internal treat to people of J&K and because of huge lack of development for past 70 years , you have ample power to send a formal recommendation to the president to revoke Article 370 by assuming the power of constituent assembly as mentioned in Article 92 of J&K constitution,” writes Chandra.
He further writes: “Thus article 35 A also gets repealed and there will not be any embargo from citizen of India to purchase land and to setup industries in J&K which will bring exceptional level of development in J&K state and will benefit its people.”
“Entire country is looking up to you and your action in these six months which will change the course of development not only of the people of Jammu and Kashmir but also people of India,” reads the letter.
Udit Chandra confirming the letter said that the governor NN Vohra’s office hasn’t responded yet.
“We have requested Mr Vohra that he just has to recommend the dissolution of the article using his powers vested to him under article 92 of JK constitution to the President Kovind. Right now Kashmir is under governor rule and as such, no assembly or parliament is required to abolish this article. I have also written a letter citing same reasons to the President of India,” Chandra said.
Jammu and Kashmir on June 20 came under governors rule. The development came a day after the BJP announced its decision to pull out of the alliance with Mehbooba Mufti’s PDP in the state.
