The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Regional

Kashmir Lawyers’ Body Terms Ordinance On Reservation ‘Clear Fraud’ On Art 370

INS Desk by INS Desk
March 1, 2019
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

Srinagar: The Kashmir High Court Bar Association on Friday termed Central Government’s ordinance on J&K Reservation (Amendment) to amend J&K Reservation Act, 2004, and Constitution (Application to Jammu and Kashmir) Amendment Order 2019 as a “clear fraud on the provisions of Article 370 of the Constitution of India and unconstitutional.”
After a marathon meeting of its members, the lawyers’ body demanded their immediate rolled back.
In a statement issued here, the lawyers’ body examined in great depth the ordinance as well as Constitutional Application Order, 2019 from the Constitutional perspective and found that the Ordinance and the order issued is not what it purports to be, but in essence and substance merely a cloak to extend to the State of J&K the constitutional amendments carried out in the Constitution of India by the Constitution (seventy-seventh Amendment) Act, 1995 as well as the 103rd Amendment effected to the Constitution of India, creating provision for Reservations for Economically Backward members of the Society.
“Be noticed, that the constitution of India doesnot by its own force apply to the State of J&K and its provisions can be extended only in accord with the mechanism constitutionally provided and prescribed under Article 370 of the Indian Constitution,” reads the statement.
The lawyers body said that the Central government at a point of time, when the Supreme Court is already seized of the writ petition challenging constitutional validity of Article 35-A of the Constitution of India as applicable to the State of J&K, has come out with the J&K Reservation (Amendment) Ordinance to amend J&K Reservation Act, 2004, and Constitution (Application to Jammu and Kashmir) Amendment Order, 2019, to amend the Constitution (Application to Jammu and Kashmir) Order, 1954, purportedly on the recommendations of State Administrative Council (SAC).
“The council after the Presidential Proclamation of Emergency dated 19.12.2018, has ceased to exist, therefore, could not have made any recommendation,” it said, adding, “It hardly needs to be mentioned that in terms of Presidential Proclamation of Emergency dated 19.12.2018, the President has assumed all the functions of the State and all powers vested or exercisable by the Governor and in exercise of those powers or functions it has been declared by the President lawful to act to such extent as he thinks fit, through the Governor.”
The Governor is thus an “agent of the President of India” and an agent cannot make any kind of recommendations for issuing any Ordinance or order, it said. “It is also relevant to mention here that in terms of another notification issued by the President on 19.12.2018 itself, the Governor has to exercise only those powers granted to him subject to superintendence, direction and control of the President, making it further clear that the concurrence given by the Governor, in the instant case, is a concurrence from Ceaser to Ceaser’s wife.”
“Given the constitutional mandate enshrined in Article 370, as regards, the application of the provisions of the constitution of India to the State of J&K, as well as the constitutional authorities, designated thereunder and the dispensation at the helm of affairs in the State of J&K at present, the Ordinance issued by the Central Govt, therefore, is clearly a fraud on the provisions of Article 370 of the Constitution of India and therefore unconstitutional, liable to be rolled back.”
The Bar Association, according to the statement, also found the notification dated 28.02.2019, declaring “Jamaat-i-Islami” as an unlawful association, as legally and constitutionally invalid because it is aimed at to deprive the Kashmiri Muslim students to receive education in the schools run by Falah-i-Aam Trust, which is their fundamental right.
“It is also aimed to curb the peaceful religious activities of the organization which is clearly an interference with the religious affairs of Muslims of Kashmir.”

RELATED POSTS

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

Buy JNews
ADVERTISEMENT
Previous Post

NC, PDP to move court over GoI’s amendment of a clause of Article 370

Next Post

JKSSB issues advertisement for 550 posts of Junior Staff Nurses for 5 New Medical Colleges

INS Desk

INS Desk

Related Posts

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting
Regional

CM Omar Takes NC Ministers, MLAs to Dachigam for Day-Long Off-Site Review Meeting

June 3, 2026
CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case
Regional

CIK Conducts Searches Across Six Kashmir Districts in Decade-Old UAPA Case

June 3, 2026
Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy
Regional

Condolence meeting held to mourn demise of Al-Haj Nazir Ahmad Zargar; INS management express sympathy

June 3, 2026
AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance
Regional

AIKS Thanks Delhi Government for Relief to Kashmiri Migrants, Seeks Increase in Assistance

June 2, 2026
‘Flight ops at Srinagar airport to resume with immediate effect’
Regional

Sxr Airport to remain shut on Mondays, Tuesdays from July to September

June 2, 2026
Multi-layered security arrangements in place to ensure peaceful R-Day celebrations: IGP Kashmir
Regional

IGP Birdi set to proceed on central deputation; Appointed IG, CRPF

June 1, 2026
Next Post

JKSSB issues advertisement for 550 posts of Junior Staff Nurses for 5 New Medical Colleges

Article 370/35A: JRL says consultations with various segments of society going on to see how to resist assault collectively




Four cement depot booked for overcharging

Hotels selling 1 ltr water bottle for Rs 59, 82, booked

December 2, 2017
3 IAS officers attached to H&ME for assisting in Coronavirus mitigation efforts in J&K

J&K reports 4 Covid-19 cases, no death

October 8, 2022
Pulwama youth succumbed to injuries

Militant killed in Sopore identified as LeT Divisional Commander, sources

November 30, 2017

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.