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.
