<p>National Conference MPs Mohd Akbar Lone and Hasnain Masoodi on Saturday approached the Supreme Court for declaring the August 5 Presidential Order -- which took away special status of Jammu and Kashmir -- as unconstitutional and inoperative.<br /><br />They also challenged validity of the Jammu and Kashmir (Reorganisation) Act of 2019, which divided the state into the two Union Territories, and sought a direction to declare it “unconstitutional, void, and inoperative” for being “contrary to constitutional scheme”.<br /><br />Their plea contended that the Presidential order took cover of a “temporary situation”, meant to hold the field until the return of the elected government, to accomplish a “fundamentally, permanently, and irreversibly alteration of the status of the Jammu and Kashmir without the concurrence, consultation or recommendation of the people of state, acting through their elected representatives”.<br /><br />This amounted to an “overnight abrogation of the democratic rights and freedoms guaranteed to the people of the Jammu and Kashmir upon its accession”, they claimed.<br /><br />Among others, the petitioners said, the right to autonomous self government and the right to an identity within the federal framework are fundamental rights flowing from the right to life and other provisions contained in Part III of the Constitution and their removal in a manner that has made a mockery of the “procedure established by law” was clearly in violation of fundamental rights and ought to be struck down forthwith.<br /><br />They pointed out the model of federalism followed by our country was sui generis in the sense of being pluralistic where different units can have their own relationship with the Union, based upon their terms of accession, historical, social, political and cultural circumstances. This was reflected in Articles 371A to 371J providing special status in different aspects to states of Nagaland, Mizoram, Manopur, Maharashtra, Karnataka, Sikkim and others.<br /><br />Earlier, advocate M L Sharma and activist Tehseen Poonawalla have also moved the top court with their separate petitions after BJP-led Union government, in a major step to realise a long-cherished goal of the Sangh Parivar, revoked the controversial Article 370 of the Constitution with reference to the state.<br /><br />On Friday, an advocate, Shakir Shabir also filed a writ petition questioning validity of August 5 order.</p>
<p>National Conference MPs Mohd Akbar Lone and Hasnain Masoodi on Saturday approached the Supreme Court for declaring the August 5 Presidential Order -- which took away special status of Jammu and Kashmir -- as unconstitutional and inoperative.<br /><br />They also challenged validity of the Jammu and Kashmir (Reorganisation) Act of 2019, which divided the state into the two Union Territories, and sought a direction to declare it “unconstitutional, void, and inoperative” for being “contrary to constitutional scheme”.<br /><br />Their plea contended that the Presidential order took cover of a “temporary situation”, meant to hold the field until the return of the elected government, to accomplish a “fundamentally, permanently, and irreversibly alteration of the status of the Jammu and Kashmir without the concurrence, consultation or recommendation of the people of state, acting through their elected representatives”.<br /><br />This amounted to an “overnight abrogation of the democratic rights and freedoms guaranteed to the people of the Jammu and Kashmir upon its accession”, they claimed.<br /><br />Among others, the petitioners said, the right to autonomous self government and the right to an identity within the federal framework are fundamental rights flowing from the right to life and other provisions contained in Part III of the Constitution and their removal in a manner that has made a mockery of the “procedure established by law” was clearly in violation of fundamental rights and ought to be struck down forthwith.<br /><br />They pointed out the model of federalism followed by our country was sui generis in the sense of being pluralistic where different units can have their own relationship with the Union, based upon their terms of accession, historical, social, political and cultural circumstances. This was reflected in Articles 371A to 371J providing special status in different aspects to states of Nagaland, Mizoram, Manopur, Maharashtra, Karnataka, Sikkim and others.<br /><br />Earlier, advocate M L Sharma and activist Tehseen Poonawalla have also moved the top court with their separate petitions after BJP-led Union government, in a major step to realise a long-cherished goal of the Sangh Parivar, revoked the controversial Article 370 of the Constitution with reference to the state.<br /><br />On Friday, an advocate, Shakir Shabir also filed a writ petition questioning validity of August 5 order.</p>
