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| Even state legislature cannot alter status of J&K | | Section 147 | | Rustam
JAMMU, Oct 28: CM Omar Abdullah & Co says that the issue of Jammu & Kashmir is still to be settled and ridicules those who say that the state is an integral part of India. He rejects their claim, saying by repeating the words "atoot ang" they cannot change the political status of Jammu & Kashmir.
But the question is: Can he alter the political status of Jammu & Kashmir? He cannot. Not even the Jammu & Kashmir Legislature can change the political status of the state. It doesn't have the power to amend section 3 of the Jammu & Kashmir Constitution which, inter-alia, says "The State of Jammu & Kashmir is and shall be an integral part of the Union of India".
Remember, section 3 of the Jammu & Kashmir Constitution is part of the basic structure of the Constitution and cannot be amended and this can be seen from section 147 of the Jammu & Kashmir Constitution.
What does section 147 of the Jammu & Kashmir Constitution say? Section 147, which empowers the state government to amend the Constitution, unequivocally says that the State Legislature cannot amend section 3. It, inter-alia, reads: "Provided further that no Bill or amendment seeking to make any change in - (a) this section (read article 147); or (b) the provisions of sections 3 and 5; or (c) the provisions of the Constitution of India as applicable, in relation to the State, shall be introduced or moved in either House of the Legislature". Section 5 deals with executive and legislative powers of the State and it says, "The executive and legislative power of the State extends to all matters except those with respect to which Parliament has power to make laws for the State under the provisions of the Constitution of India".
Those who warn Omar Abdullah & Co not to go beyond the confines of the Indian Constitution and Jammu & Kashmir Constitution and say that to question the accession of the State to India would mean an act of sedition are absolutely right. It is a different story that no one till date has knocked at the doors of the High Court or the Supreme Court to seek its indulgence for bring to justice those who have been overlooking sections 5 and 147 and brazenly violating section 3 of the Jammu & Kashmir. |
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