38.6c New Delhi, India, Wednesday, April 17, 2024

Plea In Supreme Court Challenges Presidential Order On Article 370 of Indian Constitution

By LawStreet News Network      06 August, 2019 02:17 PM      0 Comments
Plea In Supreme Court Challenges Presidential Order On Article 370 of Indian Constitution

A petition was filed in the Supreme Court on August 6, 2019, challenging the Presidential order on Article 370 which revoked the special status granted to Jammu and Kashmir in 1947.

Advocate M.L. Sharma has filed the plea under Article 32 of the Constitution of India, challenging the Constitution (Application to Jammu & Kashmir) Order, 2019.

He has stated that the Presidential Order is unconstitutional as it was passed without taking consent from the state assembly.

The petition also states that Article 370 cannot be nullified by exercising powers under Article 370 itself and hence the Order is ultra vires.

The Presidential Order was passed on August 5, 2019, to supersede the Constitution (Application to Jammu and Kashmir) Order, 1954. It states that all the provisions of the Constitution of India shall apply to J&K and the words "Constituent Assembly of the State" in Article 370 shall be substituted by the words "Legislative Assembly of the State.”

The Centre proposed that the state be bifurcated into two union territories, Jammu and Kashmir, and Ladakh.

Mr. Sharma is likely to mention the petition on August 7, 2019, for urgent hearing.

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
To uphold presumption of guilt under Section 29 POCSO Act, foundational facts must be proved, reiterates Delhi HC [Read Judgment]

Delhi High Court reiterates that to uphold the presumption of guilt under Section 29 of the POCSO Act, the prosecution must prove the ‘foundational facts’ beyond reasonable doubt.

16 April, 2024 12:54 PM
Trending Judiciary
Baba Ramdev, Acharya Balkrishna offer to make public apology in SC for misleading advertisements

Baba Ramdev and Acharya Balkrishna offer public apology in SC for misleading ads, court deliberates acceptance.

16 April, 2024 01:57 PM


Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM
Trending Judiciary
Use of social media to interfere with administration of justice needs serious consideration: SC [Read Judgment]

Supreme Court warns against social media misuse in legal matters, cautions against prejudicial posts interfering with justice.

11 April, 2024 05:44 PM
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email