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Sajad Lone’s party moves Supreme Court against Centre’s Article 370 move

In the petition, the party noted that the Presidential orders of August 5 and August 6 on Article 370 are “unconstitutional” as the concurrence of the popularly-elected state government was not taken.

By: Express News Service | Srinagar | Published: September 14, 2019 1:04:52 am
jammu and kashmir, sajad lone, jammu and kashmir constitutional position, article 35 a, supreme court, pulwama attack, bjp, pdp, vp singh, mufti mohammad sayeed, separatists, indian express news The petition argued that the state of Jammu and Kashmir had a separate Constitution and the Parliament had “limited scope” to enact legislation for the state.

Sajad Lone’s Jammu & Kashmir People’s Conference on Friday filed a writ petition before the Supreme Court, challenging the 2019 Jammu and Kashmir (Reorganisation) Act and abrogation of Article 370.

According to a party spokesperson, “In the petition settled by Senior Advocate Rajeev Dhavan and filed through advocate Ejaz Maqbool, People’s Conference has contended that abrogation of Article 370 of the Constitution of India was an illegal and unconstitutional exercise of Article 356 of the Constitution of India.”

The petition argued that the state of Jammu and Kashmir had a separate Constitution and the Parliament had “limited scope” to enact legislation for the state. “Therefore, by a Parliamentary Act the powers given to the State of Jammu and Kashmir by its own Constitution could not have been abrogated by merely taking away Article 370….”

In the petition, the party noted that the Presidential orders of August 5 and August 6 on Article 370 are “unconstitutional” as the concurrence of the popularly-elected state government was not taken.

“Furthermore, the Governor of state of Jammu and Kashmir kept the entire state and its people in the dark as nobody was not informed that such a drastic action against the interest of the state was being taken,” it added.

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