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Afspa: Law says guv, not CM, has last word
The law ministry has told the Centre that J&K governor NN Vohra, and not chief minister Omar Abdullah will have the last word on partially withdrawing the Armed Forces Special Powers Act.
The law ministry has told the Centre that J&K governor NN Vohra, and not chief minister Omar Abdullah will have the last word on partially withdrawing the Armed Forces Special Powers Act.
The law ministry's communication is based on Attorney General GE Vahanvati advice that held the Governor could "exercise his discretion" after receiving the recommendation from Omar's Cabinet.
Omar has argued that his ministers were "authorised to make a recommendation to the governor who then acts on the basis of that recommendation".
"So unless there is something in the Constitution that I'm missing out on, I believe it is the state government's domain to make such a recommendation," he told NDTV in an interview on November 3.
The law ministry seemed to agree with his assessment and on November 4, sent its first opinion to the home ministry echoing Omar's view.
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