Modi’s move to scrap Article 370 challenged in Indian SC

ISLAMABAD: The Narendra Modi-led central government’s move to scrap all the special provisions granted to Jammu and Kashmir under Article 370 has been challenged in the Indian Supreme Court, Financial Express reported.

According to the petition, filed in the Indian apex court by Advocate ML Sharma, the amendments made to Article 367 are ‘illegal’ and ‘unconstitutional’.

The government had amended Article 367 and added clause 4 under which “Constituent Assembly” was replaced with the “Legislative Assembly”.

The petition that runs into nine pages urges India’s top court to “issue writ of mandamus to respondent No. 1 for quashing of the impugned notification GSR551 (E) order 2019 dated 5th August of 2019, for amending Art 367 of the constitution of India, being illegal, unconstitutional and void ab-initio & ultra vires to the constitution of India to provide justice.”

Home Minister Amit Shah on Monday proposed to revoke the special status under Article 370 and bifurcate the state into two Union Territories — Jammu & Kashmir and Ladakh.

The amendment was necessary to enable the President to pass any order on Article 370. Provision 3 of Article 370 empowers the President to repeal or amend any part of Article 370 but he needs to have the concurrence of the Constituent Assembly.

But in this case, the concurrence was not possible as the Constituent Assembly was dissolved in 1956. To overcome this legal challenge, the government replaced the Constituent Assembly with the Legislative Assembly.

Since the state is under Governor’s rule, the President needed to have his concurrence to pass the order that he did, revoking all the special powers accorded to the northern state.

The notification issued by the President states: “…in the proviso to clause (3) of Article 370 of this Constitution, the expression “Constituent Assembly of the State referred to in clause (2)” shall read “Legislative Assembly of the State”.