Presidential order on J&K Challenged: Plea filed in SC

A plea/petition was filed in the SC on Tuesday i.e. 6th August challenging the Presidential order on the Article 370 which now revokes the special status given to Jammu & Kashmir.

The Centre on Monday scrapped Article 370 of the Constitution that grants special status to Jammu and Kashmir, with a order saying “it shall come into force at once”. Union Home Minister Amit Shah earlier today moved the Rajya Sabha, announcing the government has decided to repeal Article 370.

Presidential order on J&K Challenged: Plea filed in SC

The new Presidential Order issued on Monday states that all provisions of the Indian Constitution shall apply to the State of Jammu and Kashmir. In addition to the provisions of the Indian Constitution, Jammu and Kashmir will also be subjected to a new Article 367(4) which effectively says:

  • The Constitution will be construed as applying to Jammu and Kashmir;
  • References to the Sadar-i-Riyasat of Jammu and Kashmir shall mean “Governor”;
  • References to the Government of Jammu and Kashmir shall mean Governor acting on the aid and advice of the Council of Ministers;
  • Reference in Art 370(3) of the Constitution of India to “Constituent Assembly” of the State shall mean “Legislative Assembly of the State”.

The main reason of filing the plea was as stated by Advocate M.L. Sharma, “the said Presidential order, which has the effect of scrapping the status given to Jammu and Kashmir is unconstitutional and government should have taken the parliamentary route instead”.

Advocate M.L.Sharma is likely to mention his plea for urgent listing before the apex court on Wednesday.