Blatant Attack On Federal Nature Of Constitution: J&K People's Conference Plea In SC Challenging 370 Abrogation & State Reorganization

Jammu & Kashmir People's Conference has filed a writ petition before the Supreme Court challenging the scrapping of Article 370 through Presidential orders and also the Jammu and Kashmir (Reorganization) Act of 2019.

The petition contends that the Presidential Order has been issued pursuant to the "concurrence" of the Government of Jammu and Kashmir, despite there being no popularly elected Government in the State of Jammu and Kashmir, under the provisions of the Constitution and it is an affront on the Constitution of India and a blatant attack on the federal nature of the Indian Constitution.

It is further contended that the concurrence of the Government of the State provided by the Governor, does not express the will of the people, as the Governor is merely substituting for a popularly elected Government, as an emergency measure under Article 356 of the Constitution. The imposition of the President's Rule for the abrogation of Article 370 of the Constitution of India was an illegal and unconstitutional exercise of Article 356 of the Constitution of India, the petition reads.

The list of dates annexed to the petition gives an elaborate narration about the political history of the State of Jammu and Kashmir.

• Excerpts from the Writ Petition

  The writ petition filed by the J&K People's Conference through its spokesperson Adnan Ashraf assails the Presidential orders and the Reorganization Act on the following grounds. (Only a few are reproduced)

  • The Governor of State of Jammu and Kashmir kept the entire nation in the dark and the country was not informed that such a drastic action against the interest of the state is being taken and the Amaranth pilgrims were asked to interrupt their religious pilgrimage and were D asked to return back to their home towns on the false pretext of the security threat to the country. All the outstation students from all communities were asked to vacate again on the false pretext of a security threat. The entire state particularly the valley was put under curfew and then only those C.O's were passed and the impugned legislation was enacted. Never ever in the history of the nation reorganization under Article 3 has taken place which shows a blatant attack on our constitution and the freedom of people of a state.
  • The entire state particularly the valley was put under curfew and then only those C.O's were passed and the impugned legislation was enacted. Never ever in the history of the nation reorganization under Article 3 has taken place which shows a blatant attack on our constitution and the freedom of people of a state.
  • The State of Jammu and Kashmir had a separate Constitution and the Parliament had a limited scope to enact Legislation for the State of Jammu and Kashmir and therefore by a Parliamentary Act the powers given to the State of Jammu and Kashmir by its own Constitution could not have been abrogated by merely taking away Article 370 by the impugned legislation.
  • The state of Jammu and Kashmir had a historical background for becoming a state of Union of India and it was governed by its own Constitution and the parliament could not have taken a short cut route to abrogate Art 370 of the Constitution of India without the popularly elected state government in the state of Jammu and Kashmir.
  • The power of formation of new states and alteration of area, boundaries can be made by a law to be made by the Parliament under Article 3 of the Constitution. Since coming in force of the Constitution of India several reorganization of states have taken place and in none of the Reorganization Acts, the Acts have been enacted by the parliament without seeking the approval of the concerned state legislature and in the present case two union territories have been created out of the State of Jammu and Kashmir during the Governor's rule which is an affront on the constitution and the federal nature of the Indian Constitution. The reorganization of the state takes place by exercising powers given to the Parliament under Article 3 of the Constitution of India and the entire exercise is void ab initio and unconstitutional.