Srinagar: Calling it “highly objectionable”, National Conference leader and former Jammu and Kashmir Chief Minister Omar Abdullah has said that Governor has no power to give concurrence to application of a Constitutional Provision as it can only be done by an elected government in the state.
Omar Abdullah’s response came after the Union cabinet on Thursday approved two major decisions regarding Jammu and Kashmir including the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 which provides amendments in the Jammu and Kashmir Reservation Act, 2004.
“Though the proposed Presidential Order by itself may not raise alarm, the method adopted is highly objectionable. Governor has no power to give concurrence to application of a Constitutional Provision. It is only an elected Govt,” he said on Twitter.
The Centre also approved an amendment to the Constitution (Application to Jammu and Kashmir) order, 1954 by way of the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019.
“The decisions have been taken in consultation with the Governor of Jammu and Kashmir”, Union Finance Minister Arun Jaitley said.
Sharing details of the amendment, Jaitley said: “Jammu and Kashmir reservation Act which gave reservation to people residing near Line of Control and was not applicable to people living near International Border. Once the Ordinance is issued, it would pave the way for bringing persons residing in the areas adjoining International Border within the ambit of reservation at par with persons living in areas adjoining Actual Line of Control.”
Whereas the Constitution (Application to Jammu and Kashmir) Amendment Order, 2019 will serve the purpose of application of relevant provisions of the Constitution of India, as amended through the Constitution (77th Amendment) Act 1995 and Constitution (103rd Amendment) Act, 2019 for Jammu and Kashmir.
Once notified, this amendment order will pave the way for giving the benefit of promotion in service to the Scheduled Castes, the Scheduled Tribes and also extend the reservation of up to 10 per cent for “economically weaker sections” in the educational institution and public employment in addition to the existing reservation in Jammu and Kashmir.