Jammu and Kashmir High Court bowls a googly

Srinagar: Jammu and Kashmir High Court has observed that the conversion of the post of ‘Sadri Riyasat’ into Governor in 1965 was against the state constitution but left it to the state Legislature to decide whether to continue with the existing constitutional arrangement or revert it.

“Section 26 of (state) Constitution provided that Head of the State (Sadri Riyasat) shall be elected in the manner, provided under Section 27. The Head of the State as provided under Section 27, of the Constitution, was to be elected by people of the state through their representatives in State Legislatures.

“The Constitution of Jammu & Kashmir (Sixth Amendment) Act 1965 amended the State Constitution and replaced ‘Sadri Riyasat’ by Governor.

“In terms of the amendment, Governor is appointed by the President and is to be Head of the State. The office of Head of the State in wake of amendment ceases to be elective,” Justice Hasnain Masoodi said in an order passed last week.

The court held that the sixth amendment did not merely change the nomenclature but the eligibility, mode and method of appointment of Head of the State.