Concurrence given by Governor for 5 August 2019 changes a ‘serious constitutional misconduct’: Zaffar Shah

Srinagar: Questioning the abrogation of Article 370 by the Union Government, senior J&K High Court lawyer Zaffar Ahmad Shah on Thursday argued before the Supreme Court that concurrence given by J&K’s Governor for August 5, 2019 constitutional changes was a “serious constitutional misconduct” and the “breach of the oath” he had taken under J&K Constitution.

Shah submitted that the Governor stabbed the people of J&K in the back and committed a serious breach of the oath by making a recommendation to abrogate Article 370.

“He is to uphold the constitution of J&K and he destroys it by his recommendation to the President that ‘you apply all the provisions of the Constitution of India to us’, which even the Constituent Assembly didn’t do. He requests the President of India to change the Constituent Assembly to Legislative Assembly. And the President is pleased to accept the recommendations of the Governor when he acts in breach of the oath of Constitution of J&K,” he argued.

Shah asked when was the recommendation made, who made the recommendation and at whose instance the recommendation was made by the Governor, saying there is no evidence or nothing stated about it in the counter affidavit.

Citing the provisions of J&K constitution, Shah submitted that the Governor had subjective satisfaction only on three provisions of J&K constitution and he could not act on his own.

Shah submitted that framing of the Constitution of J&K was rooted in the nature of Instrument of Accession (IoA) and proclamation issued by Maharaja in 1948.

“In the proclamation, the Maharaja says that we need to have a national assembly to frame a constitution,” he said.

During the proceedings on Thursday, Chief Justice of India D Y Chandrachud remarked that there was no conditional surrender of sovereignty by the State of Jammu and Kashmir to the Dominion of India.

The CJI said that the surrender of sovereignty was absolutely complete. KNS