National Conference MP in Lok Sabha Hasnain Masoodi told TOI, “The J&K Reorganisation bill that is sought to be amended is under the scrutiny of the highest court, the Supreme Court of India. The least that is expected of the government is to not implement the law that is constitutionally suspect. This is a fundamental precept in any democracy.”
The Supreme Court is hearing petitions against the Centre’s decision of 2019 to dilute the Article 370 and bifurcate the state of Jammu and Kashmir, while downgrading it to Union Territory status.
The LS member argued that further amending a law that is under legal challenge before the constitution court would be “patently illegal”.
He said the NC will oppose the bill at the stage of introduction in Lok Sabha by making the arguments about its “illegality”. The legislation is likely to be brought in the Lower House of Parliament in the ongoing monsoon session.
Masoodi said implementing the law that is under challenge, and then to further amend it for inserting new provisions, would be seen as an attempt by the government to “pre-empt the judgement of the Supreme Court”.
It is to be seen if the rest of the opposition alliance supports the NC when the bill is introduced.
As per reports, the government is planning to amend the J&K reorganisation bill to reserve in the legislative assembly two seats for “Kashmiri migrants” and one for displaced persons from Pakistan-occupied Kashmir.
The three members will be nominated by the lieutenant governor. The proposed provision is said to be designed to preserve the political rights, and for socio-economic development, of the two stated communities. J&K has seen fresh delimitation of assembly seats which have now gone up from 107 to 114, which includes seats reserved in the Pakistan-occupied-Kashmir. Excluding POK, the seats have gone up from 83 to 90.