Plea challenges extension of 77th, 103rd amendments to J&K in HC

SRINAGAR: The Jammu and Kashmir high court on Monday sought the response of the union government on the petition challenging extension of 77th and 103rd amendments of the Indian Constitution to the state through a presidential order.

Srinagar-based advocates Mohammad Ashraf Bhat and Adil Asimi filed the petition on March 11 on the grounds that the Constitution of India cannot be applied to J&K in absence of a council of ministers. A single bench of the high court issued notices to union ministries of home affairs and law and justice besides the cabinet secretary and the state government, to file their response and objections within four weeks.

Last month, the Union cabinet had approved the Jammu and Kashmir Reservation (Amendment) Ordinance, 2019, bringing persons residing in the areas adjoining the IB within the ambit of reservation at par with people living in areas adjoining the LOC.

It had also approved the proposal of the state government, administered by governor Satya Pal Malik, regarding amendment to the Constitution (Application to Jammu & Kashmir) order, 1954, by way of the Constitution (Application to Jammu & Kashmir) Amendment Order, 2019.

The petitioners argued that the governor was not competent to give concurrence to apply any part of the Constitution to J&K in absence of the state assembly’s council of ministers which was needed as per the state’s special status.

“The unilateral action of the governor in giving his ‘concurrence’ to the Constitution (Application to J&K) Order, 2019, is therefore clearly without jurisdiction and unconstitutional rendering the same liable to be struck down,” the petition read.

They have also questioned the timing of these amendments “especially when the State was in war like situation, makes the entire exercise suspect”.