Creating JK governor’s post was unconstitutional: High Court | india | Hindustan Times
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Creating JK governor’s post was unconstitutional: High Court

india Updated: Dec 27, 2015 23:40 IST
Ashiq Hussain
Jammu Kashmir

Fifty years after the sadri riyasat – the erstwhile head of state of Jammu and Kashmir – was replaced by a Centre-appointed governor, its high court on Saturday dubbed the move as unconstitutional.(HT Photo)

Fifty years after the sadr-e-riyasat – the erstwhile head of state of Jammu and Kashmir – was replaced by a Centre-appointed governor, its high court on Saturday dubbed the move as unconstitutional. However, the court asked the state legislature to decide on the matter.

The court, while delivering a judgment on a petition over hoisting the state flag at offices of constitutional authority, termed the amendment passed by the assembly in 1965 as being against the “basic structure of the constitution”. “The elective status of head of the state (sadr-e-riyasat) was an important attribute of constitutional autonomy enjoyed by the state, a part of the ‘basic framework’ of the state constitution and – therefore – not within the amending power of the state legislature,” a bench of Justice Hasnain Massodi said.

Till 1965, Jammu and Kashmir used to have a sadr-e-riyasat as the head of the state – with the power of appointing him vested in the assembly – and a prime minister. However, in April that year, the state assembly under Prime Minister GM Sadiq brought in the Sixth Amendment Act – changing the nomenclatures of sadr-e-riyasat and prime minister to governor and chief minister respectively.

The high court, however, said the move was unconstitutional because the state legislature lacks the power to make such amendments.

Stating that the head of the state should be elected by the people through their representatives in the assembly, the court said: “The Constitutional autonomy guaranteed to the state is the basic structure of the state constitution and beyond amending power available to the state legislature under Section 147 of the Constitution…”

The court, however, left it to the state legislators to “rectify the error”.

While senior lawyers like Zafar Shah said the high court observation was a reaffirmation of the constitutional autonomy of the state, independent legislator Engineer Abdul Rashid is already considering taking “necessary measures to rectify mistakes made in the past”. He plans to table a bill, seeking the restoration of the sadr-e-riyasat post, in the assembly.