Advocate challenges validity of Prez order on J&K

The Supreme Court

An advocate on Tuesday approached the Supreme Court challenging validity of the Presidential order of August 5 on Article 370, which took away the special status granted to the state of Jammu and Kashmir in the Constitution.

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The petitioner-advocate, Manohar Lal Sharma, contended that the order was unconstitutional as the government must have taken parliamentary route.

He further claimed that Article 370 can't be nullified by exercising powers under Article 370 itself.

Sharma said he is likely to mention his PIL in the Supreme Court on Wednesday for urgent hearing.

The Law and Justice Ministry on Monday issued the notification 'The Constitution (Application to Jammu and Kashmir) Order 2019' which superseded the similar order issued in 1954.

The Centre's decision to strip Jammu and Kashmir of its special powers was expected to be challenged, but the government had exuded confidence that it would be able to overcome such legal challenges.

In a major step to realise a long-cherished goal of the Sangh Parivar, the BJP-led Union government on Monday revoked the controversial Article 370 of the Constitution with reference to Jammu and Kashmir that gave the northern state special powers to frame its own laws, determine who are the permanent residents of Kashmir and have its own flag.

The government also presented a bill in the Rajya Sabha which was passed by a margin of 125-61 to bifurcate the state of Jammu and Kashmir into two Union Territories. While Jammu and Kashmir would be a Union Territory with a legislative Assembly, the Buddhist-dominated cold desert of Ladakh would be another UT without an Assembly.

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