A Kashmiri lawyer on Friday approached the Supreme Court challenging the Presidential order that paved the way for central government’s decision to revoke the special status of Jammu and Kashmir under Article 370 of the Indian Constitution, Bar and Bench reported.
Shakir Shabir, in his petition, contended that the order that amended Article 367 was unconstitutional and void from its inception. The petitioner argued that Article 367 cannot be changed in the manner in which it was amended. Such an amendment could only have been carried out by Parliament, Shabir claimed.
The Presidential order was issued under Article 370(1)(d), the petitioner said. The article empowers the president to apply his orders all other articles except Articles 1, 238 and 370 of the Constitution, to Jammu and Kashmir. Therefore, Article 370 cannot be modified by way of a Presidential order, the petitioner said.
Shabir also argued that the governor of Jammu and Kashmir cannot take a unilateral decision without consulting the Legislative Assembly of the State. He also alleged that the Presidential order was made with “utter disregard of human rights and rights conferred under Part III of the Constitution”.
On August 6, advocate ML Sharma had challenged the Presidential Order in the Supreme Court. The plea claimed that the Presidential order was illegal as it was passed without taking consent from the state Assembly.