September 13, 2019

J&K People's Conference Moves Supreme Court Challenging Reading Down Of Article 370 Through Presidential Order

[ By Bobby Anthony ]


The Jammu & Kashmir People's Conference led by Sajad Lone has moved the Supreme Court challenging the reading down of Article 370 through a presidential order along with the Jammu and Kashmir (Reorganization) Act of 2019.

The petition has contended that the presidential order was issued pursuant to the “concurrence” of the government of Jammu and Kashmir, despite the absence of an elected government in the state, under the provisions of the Constitution.

Thus it is an affront to the Constitution and a blatant attack on the federal nature of the Constitution and freedom of people of the state, the petition has argued.

“The Governor of State of Jammu and Kashmir kept the entire nation in the dark and the country was not informed that such a drastic action against the interest of the state is being taken and the Amaranth pilgrims were asked to interrupt their religious pilgrimage,” the petition stated.

It may be noted that more than a dozen petitions have been already filed in the Supreme Court in connection with Jammu and Kashmir.

The latest petition has contended that imposition of President's Rule for reading down Article 370 is an illegal and unconstitutional exercise of the Constitution's Article 356.

The petition has claimed that state of Jammu and Kashmir had a separate Constitution and that the Indian Parliament has limited scope to enact legislation for the state.

“Therefore, by a Parliamentary Act, the powers given to the State of Jammu and Kashmir by its own Constitution could not have been abrogated by merely taking away Article 370 by the impugned legislation,” the petition has stated.

Citing the situation of the complete lockdown in Jammu & Kashmir, the petition has contended that it clearly shows that a constitutional change has been enacted without seeking approval of the Constituent Assembly of the State of Jammu and Kashmir as mandated by the proviso to sub-clause 3 of Article 370.

The petition stated that since the Constitution of India came into effect, several reorganizations of states have taken place and none of the Reorganization Acts have been enacted by the Parliament without seeking the approval of the state legislature concerned.

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