Jammu and Kashmir says governor's rule not about deciding Article 35A
Jammu and Kashmir government Tuesday said its stand on the legal challenge to Article 35-A of the constitution before the Supreme Court will remain consistent that an elected government should plead the case before the apex court.
"As far as Article 35-A is concerned, the Governor (Satya Pal Malik) has gone on record multiple times and he has clearly said that this is not an elected government and it would be right if an elected government within the state actually fights the case in the Supreme Court," state chief secretary B V R Subrahmanyam told reporters here.
"There have been multiple postponements of the hearings of Article 35-A in the Supreme court before and after the panchayat elections were announced. It is just accidental that the case is listed in January and the panchayat elections are to be completed before that," he said.
"The stand of the governor's administration is going to be consistent in the Supreme Court that there are many serious complex issues which have to be discussed as far as Article 35-A is concerned and these should not be discussed when Governor's rule is in place.
"These should be discussed when an elected government is in place, which will take a solid position in the Supreme Court. So, there is absolute clarity that Governor's rule is not about deciding Article 35-A," he said.
"I am not competent to answer this question. It is for the authorities higher than me to decide," he said adding that an assembly was in place in the state.