Senior leader of Communist Party of India Muhammad Yousuf Tarigami has submitted a Private Bill in Legislative Assembly seeking the amendment into the Constitution of Jammu and Kashmir. The Private Member Bill submitted by Tarigami seeks amendments in title and preamble of the Jammu Kashmir Constitution.“This Act may be called the Constitution of Jammu and Kashmir (Amendment) Act, 2016. It shall come into force from the date of its publication in the Government Gazette. In preamble to the Constitution of Jammu and Kashmir, after the word “resolved” the words “to constitute the State of Jammu of Kashmir into a secular state” shall be inserted,” reads the Private Bill submitted by Tarigmi.The objects and reasons given by Muhammad Yousuf Tarigami are that the Preamble of a Constitution contains the fundamental principles and it outlines the objectives of the whole Constitution.
The Preamble gives a direction and purpose to the Constitution. The word secular does not appear in the Preamble of the Constitution of Jammu and Kashmir. The state of J&K is full of diversities. It is multi-religious, multi-ethnic and multi-linguistic. The Constitution must clearly state its commitment to establish a secular state. The Supreme Court of India has also declared secularism as the basic feature of the Constitution. As such, there is a need to add word “secular” in the Preamble of the Constitution so as to reaffirm our faith in the principles of secularism.Pertinently, in December 2003 the resolution submitted by Targami with regard to preservation of unity and secular character of Jammu and Kashmir was discussed and adopted by the House. (CNS)