[caption id="attachment_264455" align="alignleft" width="200"]
BJP leader Sumitra Mahajan raises the Indian flag near a statue of Shyama Prasad Mukherjee to celebrate the Union government’s move to revoke Article 370 that gave special status to the state of Jammu and Kashmir, in Indore on Tuesday.[/caption]
New Delhi, Aug. 6 (IANS): A PIL was been filed in the Supreme Court on Tuesday challenging the process of making Article 370 redundant in its application to the erstwhile Jammu and Kashmir state.
The PIL, filed by advocate M.L. 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 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.
“Issue a mandamus to the Union of India for quashing of the impugned notification dated August 5th for amending Art 367 of the Constitution being illegal unconstitutional and void ab-initio and ultra vires of the Constitution,” he said in his plea.
Sharma, in his plea, claimed that his challenge is in interest of justice and fair play, and also for the protection of the life and liberty of the citizens of the country.
The Centre, through a Gazette notification on Monday, technically read down the Article 370 in the Constitution. Article 35A has been scrapped by suspension of the 1954 Presidential order and all the provisions of the Constitution are now applicable to Jammu and Kashmir.
Sharma has challenged this process of making Article 370 redundant in the apex court.
Farooq appears before media, slams Centre
A day after Article 370 was scrapped by the Central government, former Chief Minister and President of National Conference Farooq Abdullah made an appearance before the media in Srinagar. He accused Home Minister Amit Shah of lying and said he has been placed under house arrest.
Speaking to news channels, he said: “I am not allowed to go out and come out of the house.”
Reacting to the government’s decision to scrap Article 370, he said that this is unconstitutional. “It is the dictatorship by Modi government. We have never been the ones who want to separate nor do we want to separate from this nation. But, don’t take away our honour and dignity, we are not slaves,” he said.
“Dictatorial authority has been evoked and not a democratic one. I don’t know how many have been arrested. Nobody is allowed to come in or go out, we are under house arrest,” he said.
J&K: India talks tough, tells China to mind its own business
India on Tuesday firmly told China that creating a new union territory of Ladakh is its own internal matter, after Beijing termed the move as “unacceptable”. New Delhi also said that it does not comment on the internal matters of others, and expects others to do likewise.
Responding to a query on comments made by the Chinese spokesperson on the issue of Jammu and Kashmir (J&K), Ministry of External Affairs spokesperson Raveesh Kumar said: “The Jammu and Kashmir Reorganisation Bill 2019, which was introduced by the government in Parliament on August 5 and proposes the formation of a new ‘Union Territory of Ladakh’, is an internal matter concerning the territory of India.
“India does not comment on the internal affairs of other countries and similarly expects other countries to do likewise.
“So far as the India-China boundary question is concerned, the two sides have agreed to a fair, reasonable and mutually acceptable settlement on the basis of the political parameters and guiding principles for the Settlement of India-China Boundary Question.
Pending such a settlement, both sides have agreed to maintain peace and tranquillity in the border areas on the basis of the relevant agreements.”
India’s firm talking comes after China on Tuesday sided with its all-weather friend Pakistan in voicing “serious concern” over the Kashmir situation and stressed that Kashmir is “a legacy of history between India and Pakistan”. Beijing also said that New Delhi should avoid actions to “unilaterally change the status quo” of Kashmir.
The Centre has technically read down the Article 370 in the Constitution.
Article 35A has been scrapped by suspension of the 1954 presidential order and all the provisions of the Constitution are now applicable to Jammu and Kashmir.
After the erosion of its distinct identity, Article 370 will apparently begin a new association with the law of the country through various articles in the Constitution and its identity as a Union Territory.
As a result, the Centre has spelt out that 106 laws shall be applied to the Union Territory Jammu and Kashmir under the fifth schedule.
The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
These laws will include Hindu Succession, Hindu Marriage Act & other property inheritance laws, and along with IPC, CrPC.
