Srinagar- Jammu and Kashmir National Conference on Tuesday opposed Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 and Jammu and Kashmir Grant of Domicile Certificate ( Procedure) Rules 2020.
In a statement released to press, the Party has stated that both the S.O 1229 (E) Domicile law and S.O 166 prescribing the procedure for grant of Domicile Certificate are made in exercise of power under the Jammu and Kashmir Reorganization Act 2019, challenged in number of petitions before the Supreme Court, the hearing before the Constitution Bench has commenced and is proceeding ahead. It is stated that with the constitutional validity of the Act impugned and the petitions under consideration of the Court, the Government of India in tune with the universally accepted principle of “constitutional proprietary”, is under an obligation to desist from exercising powers under the impugned Act including the power to promulgate Domicile law and Rules in question. It is stated that the National Conference has taken a principled stand on the floor of the Parliament and outside that the decisions of 5th August 2019 taking away special status and constitutional guarantees available to Jammu and Kashmir and dividing and downgrading the State are unconstitutional, unilateral as also against the federalism, the basic structure of the Constitution. The Party has pleaded these grounds before the Court. The post 5th August events in Jammu and Kashmir also indicate massive public disapproval of the decisions in all the three regions.
The statement adds that though the Domicile Order and Rules would not be acceptable at any point of time because of well known stand of the Party that the measures are aimed at disempowering the people of Jammu and Kashmir and effecting demographic change, yet the timing of the Order and Procedure in question is also grossly inappropriate and unethical in as much as when entire mankind including the people of Jammu and Kashmir are in complete lockdown engaged in battle of survival against Coronavirus, the Government of India has found this opportune time to push in the measures, palpably anti people and unconstitutional.
This apart, the statement adds, the Domicile Order as well as Procedure are anti people as not only because these are ambiguous and misleading opening flood gates but these would push people with valid state subject certificates to uncertainty and hardship as the benefits would not be available unless they obtain Domicile Certificates under the Rules.
The Party while reiterating its resolve to continue its struggle through all peaceful means for realisation of political aspirations of the people of Jammu, Kashmir and Ladakh, has asked the Government of India to immediately revoke the Domicile Order and Procedure as these measures will widen the gulf between the people of Jammu and Kashmir and the rest of the Country and add to alienation.
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