By Syed Nashir Ali Gillani
Srinagar, Jun 28: An advocate at Allahabad High Court, Udit Chandra, has asked the governor N N Vohra to use his powers and recommend the removal of Article 370 from the constitution of India.
Article 370 is a provision, which grants special status to Jammu & Kashmir.
In a letter shot to Vohra on June 23, while giving the reference of history, he has submitted that “abrogation of Article 370 is the only viable solution to all the problems of Jammu and Kashmir”.
“History always remembers people for not, what they could have done but what they have done. Your entire life speaks volumes of good deeds, you have done for the country,” the letter reads.
The letter further reads: “Now, history is knocking at your door once again and it is upto you to open the door and let your name written in the golden words, in the pages of history or you can be content with huge contribution already made by you for this country.”
In his letter, Chandra has talked about the features of Article 370 and the difference between the Governor rule in J&K and other states of the country.
With reference to Article 370, he has written that it is “temporary provision and is not the basic part of the constitution of India”.
“That there is some difference between governor rule in the state of Jammu and Kashmir and in other states. As far as governor’s rule in the 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 Article 92,”the letter reads.
“While under Article 357 during governor rule, the powers of the governor are limited and are mostly confined to the approval from the parliament but the same is not the case w.r.t article 92 of Jammu and Kashmir constitution,” states the letter.
Chandra in his letter says that from the plain reading of the said provision, it is ample clear that governor “enjoys unlimited powers during the governor rule”.
“The governor can take all the actions which are necessary for enforcing the proclamation. The said actions include, executive functions, as mentioned in the article 92(1) (a) of the government as well as the legislative function (as mentioned in Article 92(4) of the constituent assembly’s concerned,” reads the letter.
“It also has the power to suspend the entire constitution of J&K, if required,”
With reference to Article 35 A, he writes “That once Article 370 is removed, the Constitution (application to J&K) order of 1954 will cease to remain in force as it derives its powers Article 370(1) and all the changes made in view of this 1954 order will also cease to exist.”
“Thus Article 35 A also gets repealed and there will be no embargo from citizens of India to purchase land and to step up industries in J&K,” the letter maintains.
