The PIL, filed by advocate ML Sharma, contends that the gazette notification regarding Article 370 and Article 35A was against the basic spirit of the Constitution.

PIL filed in Supreme Court against govts move on Article 370
news Article 370 Tuesday, August 06, 2019 - 17:09

A PIL has been filed in the Supreme Court on Tuesday challenging the government's move to making Article 370 redundant in its application to the erstwhile Jammu and Kashmir state. 

The PIL, filed by advocate ML Sharma, contends that the gazette notification regarding Article 370 and Article 35A was against the basic spirit of the Constitution and that the government acted in an arbitrary and unconstitutional manner. The petition also claims that the President's order is unconstitutional and the Centre must take the parliamentary route. Sharma is likely to mention his petition on Wednesday in the top court for urgent hearing.

The Rajya Sabha on Monday passed the Jammu and Kashmir Reorganisation Bill 2019 and adopted the resolution to abrogate the Constitution's Article 370. Article 370 gave Jammu and Kashmir its own constitution and decision-making rights for all matters except defence, communications and foreign affairs.

The bill was tabled in the Lok Sabha for consideration and passing on Tuesday. Once it gets the Parliamentary approval and becomes an Act, the state would be bifurcated into two Union territories -- Jammu and Kashmir with a legislature, and Ladakh Union Territory without a legislature.

The Rajya Sabha also passed the Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 having provisions of 10 per cent reservation for Economically Weaker Sections of upper caste in the state.

Replying to the debate on Jammu and Kashmir Reorganization Bill, 2019 in the Rajya Sabha, Home Minister Amit Shah said that it was time for Article 370 to go as the constitutional provision was "the root of all the evils".

He said that Article 370 never allowed the democracy to percolate down, and noted that over 41,000 people of the state were killed in the last two decades.

While main opposition Congress objected to repeal of Article 370 and creation of UTs, many non-NDA parties such as the BSP, the AIADMK, the AAP, the YSRCP and the BJD supported the government. 

 
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