Our Supreme Court petition makes an incredibly strong case: Omar Abdullah on the legal fight against the annulment of Article 370


The National Conference (NC) led by former Prime Minister Farooq Abdullah has vowed to fight the repeal of Article 370 of the Constitution that stripped Jammu and Kashmir of its semi-autonomous status last year in a legal, political and peaceful way.

Article 35A of the Constitution, which empowered the state legislature to define permanent residents for government jobs and property ownership, was also removed last year when the state was divided into two federally administered territories.

“Our request [before the Supreme Court] It makes an incredibly strong case on one simple point: a governor cannot assume the powers of an assembly, and an assembly cannot assume the powers of a constituent assembly. Because if an assembly can take over the power of a constituent assembly, tomorrow, what prevents a northeastern state that has boiling discontent from turning its assembly into a constituent assembly and then saying: ‘I have the powers of the constituent assembly as shown J&K [Jammu & Kashmir] and therefore I am redesigning our relationship with the rest of India, ”said North Carolina leader and former chief minister Omar Abdullah in a joint HT interview with Farooq Abdullah.

Read the full interview here.

Jammu and Kashmir’s special status allowed it to have a separate constitution and flag. A constituent assembly drafted the old state constitution in the 1950s.

Omar Abdullah argued that there is a fundamental flaw in what New Delhi did on August 5, 2019, when the process for constitutional changes to the status of Jammu and Kashmir began. “You can dismiss the merit of our case politically, but not legally. The government’s case is all political and emotional. If J&K has suffered, it is not because of its special status but because of its militancy. Either the militancy is the product of Pakistan or it is the product of Article 370. How can it be both? When we talk to people about the Gupkar Declaration, we will make an emotional argument. Let’s see where it takes us. “

The declaration of the main regional parties last year pledged to fight together against constitutional changes.

Omar Abdullah stressed that they are a majority political party and will fight using the legal means at their disposal. “… one is the power that the Constitution gives us to challenge decisions in court; and the second is available forums, including Parliament, the media, social media and public meetings. “

Omar Abdullah said the three members of North Carolina’s Parliament will bring the voices of the people of the region to the highest platform of democracy. “We are not a party that has ever subscribed to violence as a means to achieve our ends. In fact, if anything, North Carolina has always been a victim of violence. “

Also read: BJP wants a Hindu majority to emerge in J&K: Farooq Abdullah

Farooq Abdullah cited the removal of his government in 1984 when Jagmohan was sent as governor to remove him. “He [Jagmohan] he told Indira Gandhi [the then prime minister] that Farooq Abdullah would set the state on fire. I said I don’t want people’s blood on my hands. I also believe that today. I will fight for their rights even if it takes my life, but I will not take their life. “

The political environment in Jammu and Kashmir is changing again one year after the abolition and bifurcation of the old state. Farooq Abdullah and Omar Abdullah are at the center of the upheaval following their release from detention.

Farooq Abdullah emerged last week as the lynchpin in the formation of a conglomerate of the six parts of the Valley that has posed the first challenge to the Center by reaffirming commitment to the Gupkar Declaration.

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