State president Sat Sharma says top brass to take a call on party stand
The BJP has been caught in a tight spot over the J&K High Court’s observation on Article 370, replacement of “Sadr-i-Riyasat” by Governor, and hoisting of state flag on government buildings and vehicles of constitutional authorities.
The state BJP leaders were evasive when asked about the party’s stand on the issue and their future strategy. “We will be talking to the higher
authorities about the issue and will study the observation or judgment, whatever it is, and accordingly a stand will be taken,” said newly elected state BJP chief Sat Sharma.
Yesterday the J&K High Court bench of Justice Hasnain Masoodi, who is retiring next week, had made an observation that Amendment to the Constitution vide the Constitution of Jammu and Kashmir (Sixth Amendment) Act 1965, replacing Sadr-i-Riyasat by Governor was “against the basic structure of the Constitution”. The High Court observed that the state Legislature lacked the power to make such amendments.
The High Court had also restored the state government’s circular issued in March this year that enjoins upon all constitutional authorities to hoist the state flag on government buildings and vehicles of constitutional authorities. The circular issued by the General Administration Department was withdrawn a day after it was issued.
The agenda of alliance, which is the basic framework of governance for the coalition government, says that “while recognising the different perceptions the BJP and PDP have on the constitutional status of J&K, considering the political and legislative realities, the present position will be maintained on all the constitutional provisions pertaining to J&K, including its special status in the Constitution of India”.
The BJP is now in a tight spot over the issue. It is against the basic ideology of BJP to support Article 370 or any such move which is aimed at strengthening the autonomy of the state. The Bharatiya Jana Sangh’s Syama Prasad
Mukherjee had laid down his life fighting against having two constitutions in the country.
Minister of State in the Prime Minister’s Office Jitendra Singh has put the ball in the court of the BJP Legislature Party and its leader. “This is for the legislature to decide. Here it is left to the wisdom of legislature party and its leader to take a call by exercising all democratic prerogatives,” Singh said.
Deputy Chief Minister and senior BJP leader Nirmal Singh was unavailable for his comment.
What the court said
On Article 370
The High Court in its judgment has once again reiterated that Article 370 “cannot be abrogated, repealed or even amended”, not only because the mechanism provided under Clause (3) Article 370 is no more available, but also because the J&K Constituent Assembly is presumed to have taken an informed decision, not to recommend modification or change in the Article and to allow it to remain in the same form even after constitution of the state came into force on January 26, 1957.
On the State Flag
Asking the respondents (J&K Govt) and all constitutional authorities to “adhere to and abide” by mandate and spirit of Section 144, Constitution of J&K, J&K Prevention of Insult to State Honour Act, 1979 and Circular 2015 dated March 12, 2015, the High Court said “such adherence obviously” is to include hoisting of state flag on the buildings housing offices of constitutional authorities and on vehicles used by such authorities.
