Delhi lawyer moves SC against Article 370 dilution

New Delhi: The Supreme Court was moved on Tuesday challenging the constitutionality of August 5, 2019, Presidential Order diluting Article 370 and erasing c and contending that government should have, instead, taken the Parliament route for affecting changes in two provisions relating to Jammu and Kashmir.

The petition that runs into nine pages urges the top court to “issue writ of mandamus to respondent no.1 for quashing of the impugned notification GSR551 (E) order 2019 dated 5th August of 2019, for amending Art 367 of the constitution of India, being illegal, unconstitutional and void ab-initio & ultra vires to the Constitution of India to provide justice.”

Challenging the Presidential order on the strength of which government introduced bill amending Article 370 and junking 35A, the PIL petitioner advocate M.L. Sharma has contended that Article 370 cannot be nullified by exercising powers under Article 370 itself.

According to his petition, the amendments made to Article 367 are “illegal” and “unconstitutional”.

The government had amended Article 367 and added clause 4 under which “Constituent Assembly” was replaced with the “Legislative Assembly”.

The PIL petitioner advocate is likely to mention his plea for an early hearing on Wednesday.

He has sought quashing of the Presidential notification issued on August 5, 2019.

The Centre has moved the Parliament for amending Article 370 taking away the special status of Jammu and Kashmir and bifurcating the state into two Union Territories on the strength of the Presidential notification.