J&K Act: HC reserves order on plea's maintainability

Madras High Court

The Madras High Court on Tuesday reserved its order on the maintainability of a plea seeking to declare the Jammu And Kashmir Reorganisation Act, 2019 unconstitutional, null and void.

According to the petitioner Desiya Makkal Sakthi Katchi, a Tamil Nadu-based outfit, the Union legislature cannot legislate on matters provided in the Union List and the Concurrent List which are not in accordance with subjects provided in the instrument of accession.

It submitted to the court that the government has abrogated Articles 370 and 35A by way of a presidential order and also enacted the Jammu And Kashmir Reorganisation Act, 2019 without the approval of the Jammu and Kashmir State Assembly.

"The consultation of the state government is required in any matter that affects the state," it said.

The petitioner, who wanted the Jammu And Kashmir Reorganisation Act to be declared null and void, expressed apprehension that such a development may even occur to Tamil Nadu in future.

Observing that assumptions cannot be answered, a division bench of Justices M. Sathyanarayanan and N Seshasayee reserved its orders on the maintainability of the plea.

The Supreme Court has fixed November 14 to commence hearing a batch of pleas challenging the constitutional validity of the Centre's decision to abrogate the provisions of Article 370, which gave special status to Jammu and Kashmir.

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