After PAGD, Ladakh leaders challenge abrogation of J&K's special status in SC

Although the President of India has the power to amend Article 370, it can be done only if Constituent Assembly in Jammu and Kashmir is in session. Interestingly, the Constituent Assembly has not existed since 1950.

Srinagar: After two Jammu and Kashmir National Conference MPs, now three political leaders of Ladakh Union Territory, have approached the Supreme Court against the repeal of Sections 370 and 35A.

A petition filed by Qamar Ali Akhoon, Asghar Ali Karbalai and Sajjad Hussain Kargili of the Kargil Democratic Alliance in the Supreme Court yesterday said, "Orders issued by the President of India and the Jammu and Kashmir Reorganization Act 2019 are unconstitutional because the democratic process has not been followed."

It further said that the orders issued by the President of India and the Jammu and Kashmir Reorganization Act 2019 have not only abolished the legislature and the executive organs of the region but also the constitutional rights of the people. "They have been deprived of the right to choose their representatives. The present administration is not accountable."

Akhoon is a former member of the Assembly, Karbalai is a senior leader from Kargil and Kargili is a journalist and has contested parliamentary elections.

"We have been talking to our lawyers about this for a long time. Then we went to the apex court yesterday," Kargili told ETV Bharat over phone.

"The plight of the people has increased here. The August 5 decision was unconstitutional. You revoke the special status of a state, then divide it into two Union territories. This is not the right decision," he said, adding, "We demand that the statehood of Ladakh be restored as soon as possible."

Akhoon's views were no different. "We have always been against bringing Ladakh under the control of the Centre. The people of Leh wanted it, but today they are also worried. Look, an MP is also from Leh, but they are still worried," he said.

"Two Jammu and Kashmir MPs have already filed a petition against the August 5 decision. Although a hearing has not yet been held due to the pandemic, we are confident that there will be a hearing soon and the decision will be in the public interest. We have full faith in the judiciary."

In this regard, when ETV Bharat tried to get in touch with the politicians from Leh, but they refused to comment.

Pertinently, following the abrogation of the special status of Jammu and Kashmir, several petitions were filed in the Supreme Court. Although the court issued a notice, the hearing has not yet taken place on the matter so far.

On August 5, 2019, orders were issued to replace the 1954 Constitution of Jammu and Kashmir. The 1954 order clearly stated which Indian laws would not apply to Jammu and Kashmir. The new order made it clear that all Indian laws would be applicable to Jammu and Kashmir with some modifications.

Although the President of India has the power to amend Article 370, it can be done only if Constituent Assembly in Jammu and Kashmir is in session. Interestingly, the Constituent Assembly has not existed since 1950.

In view of this, Article 367 was amended on the orders of the President of India and the Constituent Assembly was replaced by the Legislative Assembly. After which, on August 6, the President of India issued the second order.

Earlier, in March 2020, a five-member constitutional bench of the Supreme Court clarified that petitions filed in this regard do not need to be referred to a seven-member bench. However, no hearing has been held on the matter since then. An application for an early hearing on the matter was filed in the Supreme Court in November 2020.