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Totally unconstitutional and undemocratic: Punjab CM Capt Amarinder Singh on Article 370

No effort was made to evolve a consensus on this vital matter of national security and concern, said Captain Amarinder, asserting that given the sensitivity of the Kashmir issue, any decision should have been taken after following due process of democratic and legal norms.

By: Express News Service | Chandigarh | Updated: August 5, 2019 7:16:55 pm
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Terming it as “totally unconstitutional”, Punjab Chief Minister Captain Amarinder Singh Monday flayed the Centre on the manner in which it imposed its decision on Jammu and Kashmir, saying that the democratic fabric of the nation had been ripped apart with this unprecedented “violation” of the Constitutional norms.

Union Home Minister Amit Shah Monday announced that the government has scrapped the special status granted to the state of Jammu and Kashmir by modifying Article 370 of the Constitution.

“It is a dark day for the Indian democracy,” said Captain Amarinder, adding that the Constitution of India had been rewritten without following any legal provisions. “Such a historic decision should not have been taken and pushed through in this arbitrary manner,” he said. This will set a bad precedent as it would mean that the Centre could reorganise any state in the country by simply imposing President’s rule, the Chief Minister said.

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None of the stakeholders was taken into confidence, and there was no discussion with other political parties preceding the unilateral decision of the central government, the Chief Minister pointed out. The BJP is using its brute majority to bulldoze democratic and constitutional norms, the CM added.

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No effort was made to evolve a consensus on this vital matter of national security and concern, said Captain Amarinder, asserting that given the sensitivity of the Kashmir issue, any decision should have been taken after following due process of democratic and legal norms. Even the Presidential order reorganising Jammu and Kashmir and scrapping Article 370 had effectively bypassed the parliamentary requirement for a two-thirds majority through a constitutional amendment, he pointed out.

The government, said the Chief Minister, had made a total mockery of the constitutional and democratic foundations of the country. Dubbing the Centre’s act of putting political leaders in Kashmir under house arrest ahead of the announcement as despotic, he said the voice of the people had been completely suppressed, which could have serious negative repercussions for India.

Union Home Minister Amit Shah Monday proposed in the Rajya Sabha the scrapping of Article 370 from Indian Constitution which provides special status to the people of Jammu and Kashmir. Shah informed the House that the President has issued a gazetted order, called the Constitution Application to Jammu and Kashmir) Order, 2019, which shall supersede the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time.

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