Article 370: Plea in Supreme Court challenging president’s order

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New Delhi | Published: August 7, 2019 4:28:17 AM

The Centre had on Monday revoked Article 370 which gave special status to J&K and proposed that the state be bifurcated into two Union Territories, Jammu and Kashmir, and Ladakh.

article 370 jammu and kashmir, article 370 of indian constitution, article 370 and 35a, article 370 disadvantages, article 370 news, article 370 amit shah, jammu and kashmir, Ladakh, article 370 removal, article 370 bjpThe petition by advocate ML Sharma claims that the Presidential Order was “illegal” as it was passed without taking consent from the state Assembly.

A petition has been filed in the Supreme Court on Tuesday challenging the Presidential Order on Article 370 which revokes the special status given to the state of Jammu and Kashmir.

The petition by advocate ML Sharma claims that the Presidential Order was “illegal” as it was passed without taking consent from the state Assembly.

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

The Centre had on Monday revoked Article 370 which gave special status to J&K and proposed that the state be bifurcated into two Union Territories, Jammu and Kashmir, and Ladakh.

The government moved a resolution to effectively abolish Article 370, which gave special powers to the state. J&K has been reorganised into two Union territories —Jammu and Kashmir and Ladakh.

Jammu and Kashmir will have a legislature like Delhi and Puducherry, where key subjects like law and order are with the Centre. Ladakh will have no legislature like Chandigarh. The Governor of Jammu and Kashmir will now become a Lieutenant Governor.

The BJP government’s move evoked mixed response from legal experts. While senior advocate Rakesh Dwivedi termed the decision as completely legal, former Union law minister and senior Congress leader and advocate
Ashwini Kumar said that “the decision to alter the status of the Jammu and Kashmir is fraught with serious political consequences for the nation.”

“There is no chance of succeeding of plea against the government’s decision… It was a long overdue historic step. It should go and it is no more required. “It is a welcome step. Kashmir was also open for outsiders so I don’t understand why there should be Article 35 A,” Dwivedi said.

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