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Supreme Court Refuses Urgent Hearing On Plea Against Presidential Order On Article 370

By LawStreet News Network      08 August, 2019 12:08 PM      0 Comments
Supreme Court Refuses Urgent Hearing On Plea Against Presidential Order On Article 370

The Supreme Court today i.e., August 8, 2019, declined an urgent hearing on the petition filed by Advocate M.L. Sharma challenging the Presidential Order on Article 370 of the Constitution which revoked the special status granted to Jammu and Kashmir in 1947.

The matter was mentioned before JusticeN.V. Ramana.

Sharma said that the matter could be taken to the United Nations and "we might lose Kashmir". He, therefore, prayed that the matter should be taken up urgently.

Justice Ramana, however, declined asking, "Can UN stay Indian Constitution's amendment?"

He then asked Sharma to clear defects and matter will be listed in due course.

Sharma has filed the plea challenging the Constitution (Application to Jammu & Kashmir) Order, 2019, which was passed on August 5, 2019, to supersede the Constitution (Application to Jammu and Kashmir) Order, 1954.

In his petition, Sharma stated that the Presidential Order is unconstitutional as it was passed without taking consent from the state assembly.

It was also stated that Article 370 cannot be nullified by exercising powers under Article 370 itself and hence the Order is ultra vires.

The Presidential Order paved the way for the introduction of the Jammu & Kashmir Reorganisation Bill, 2019, which aims to bifurcate the State of Jammu and Kashmir into two Union Territories - Union Territory of Jammu & Kashmir, and Union Territory of Ladakh.

The Bill was passed by the Parliament on August 6, 2019, after receiving clearance from the Lok Sabha, a day after it received a nod from the Rajya Sabha.

On August 6, 2019, the President also formally declared the removal of Article 370 of the Constitution, notifying that the provision has ceased to operate and that "all provisions of this Constitution, as amended from time to time, without any modification or exceptions, shall apply to the State of Jammu and Kashmir."

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