Srinagar, June 29 (KNS): A Private Members Bill was today moved in the Legislative Assembly by CPI(M) MLA, M. Y. Tarigami, seeking to restore the original position of Constitution (6th Amendment) Act, 1965. The statement of Objects and Reasons of the Bill read as:-
“The State of Jammu and Kashmir enjoys a unique constitutional position within the federal structure of Union of India. Keeping into consideration the aspirations of the people of Jammu and Kashmir the constituent assembly gave to the State a constitution for the State of Jammu and Kashmir. However, it has been observed that the basic of the structure of the constitution has been eroded by number of amendments carried out in the constitution. By the Constitution (Sixth Amendment) ACT 1965, the position of Sadr-i-Riyasat was replaced by Governor.Click Here To Follow Our WhatsApp ChannelInstead of elections the Governor is now appointed by the President of India by warrant under his hand and seal. It is now also not necessary that the Governor be a permanent resident of State as originally incorporated in the Constitution. Hon’ble High Court of Jammu and Kashmir in its recent judgment has held that the amendment made in the Constitution for the substitution of Governor by Sadr-i-Riyasat was not in consonance with the spirit of law and was volatile of the principles laid down by Hon’ble Supreme Court in this regard.”
The government opposed the Bill forcing Tarigami to press for vote. PDP-BJP members voted against the Bill, while other members of opposition voted for it. (KNS)