A petition was filed in the Supreme Court on Tuesday challenging the Presidential order on Article 370, that removes special status accorded to Jammu and Kashmir and to bifurcate it into two Union Territories, PTI reported.
The Rajya Sabha on Monday adopted the resolution on Article 370 of the Constitution be revoked. The Upper House of Parliament also passed a bill to split the state into two Union territories – one, Jammu and Kashmir, which will have a legislature, and the other, Ladakh, without one. The proposal is currently being discussed in the Lok Sabha.
The plea was filed by advocate ML Sharma who claimed that the Presidential order was illegal as it was passed without taking consent from the state Assembly.
Sharma is likely to mention his plea for urgent listing before the top court on Wednesday.
Earlier in the day, Leader of the Congress in the Lok Sabha Adhir Ranjan Chowdhury was criticised by members of the Bharatiya Janata Party after he seemingly suggested that decisions taken on Jammu and Kashmir was not an internal matter. Chowdhury demanded to know the Centre’s stand on Pakistan-occupied Kashmir, pointing to a 1994 resolution by the House, and said that the entire state was an important part of India.
Opposition parties such as the Bahujan Samaj Party, Biju Janata Dal, YSR Congress Party, Bodoland People’s Front and Aam Aadmi Party had supported the government’s move on Monday, while the Congress, the Rashtriya Janata Dal, Samajwadi Party, and BJP ally Janata Dal (United) were against it.
Article 370 of the Constitution, passed in October 1949, exempts Jammu and Kashmir from all but two articles of the Indian Constitution – Article 1, which lists the states and Union territories of India, and the Article 370 itself. It allows the state to have its own Constitution and limits the Parliament’s legislative powers over the state.