Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | Article 370: Petition filed in Supreme Court against Centre's notification on J&K

Article 370: Petition filed in Supreme Court against Centre's notification on J&K

Share this article Share this article
published Published on Aug 7, 2019   modified Modified on Aug 7, 2019
-The Hindu

Advocate says the move was unconstitutional and illegal

A writ petition was filed in the Supreme Court on Tuesday challenging the August 5 notification of the Constitution (Application to Jammu and Kashmir) Order of 2019, which amends Article 370 of the Indian Constitution and scraps its 65-year-old predecessor — The Constitution (Application to Jammu and Kashmir) Order of May 14, 1954 — as unconstitutional, illegal and arbitrary.

The petition filed by advocate M. L. Sharma is likely to be mentioned before Justice N.V. Ramana on Wednesday. The Chief Justice of India and Justice S.A. Bobde, the second senior most judge, are sitting in a Constitution Bench in the Ayodhya title suit appeals. Justice Ramana is ranked third in seniority.

Mr. Sharma said his petition refers to how the political leaders of Jammu and Kashmir were detained/arrested before the issuance of the August 5 notification. There was no meaningful legislative or representative debate, he submitted.

By junking the 1954 Order, the notification takes away the special rights and privileges enjoyed by the residents of Kashmir. It has effectively allowed the entire provisions of the Constitution, with all its amendments, exceptions and modifications, to apply to the area of Jammu and Kashmir, the petitioner contended. The 2019 notification superseded the 1954 Order and declared that “all the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir”.

The August 5 notification has been issued under Article 370 of the Constitution. In short, the government employed Article 370, which had once protected the 1954 Order giving special rights to the people of J&K, to scrap the more than 60-year-old Order. The government justified the notification by saying that it closes the “chasm” between residents of J&K and citizens of other parts of the country.

The second part of the August 5 notification dealt with the addition of a new clause to Article 367, which amends the proviso to clause (3) of 370. Article 367 deals with the applicability of the General Clauses Act, 1897, to interpret the provisions of the Constitution. The August 5 notification amends the expression “Constituent Assembly”, contained in the proviso to clause (3) of Article 370, to mean “Legislative Assembly”.

Please click here to read more.

The Hindu, 6 August, 2019, https://www.thehindu.com/news/national/petition-filed-in-sc-against-centres-notification-on-jk/article28838829.ece?homepage=true


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close