September 2019 News

JKPC Challenges Abrogation Of Article 370, Files Petition In SC

13 September 2019
The Tribune

New Delhi: The Jammu and Kashmir People's Conference (JKPC) has filed a writ petition before the Supreme Court challenging the scrapping of the Article 370 through Presidential orders and has termed it an 'illegal and unconstitutional exercise' by the Central government. In the petition settled by senior advocate Rajeev Dhavan and filed through advocate Ejaz Maqbool, the JKPC said Jammu and Kashmir had a separate constitution and Parliament had a limited scope to enact legislation for the state. 'Therefore by a parliamentary Act powers given to the state by its own Constitution could not have been abrogated by merely taking away the Article 370. The President does not have the power to arbitrarily change the political form and essence of the state without seeking approval of the state legislature concerned,' says the petition. It has been submitted before the SC that the entire state, particularly the Valley, has been in the state of lockout for more than one month which clearly shows that a constitutional change has been enacted against the wishes of the people. 'Never ever in the history of the nation reorganisation has taken place which shows a blatant attack on our constitution and the freedom of people of the state of J&K,' the petition said. The JKPC has said the President's Proclamation under Article 356 of the Constitution, dated December 19, 2018, which was further extended with effect from July 3, 2019, is unconstitutional. 'The Presidential proclamation violates the Article 14 for being manifestly arbitrary and in violation of the basic feature of federalism.' The petitioners have submitted that the Governor of J&K has kept the state and its people in the dark.