A petition has been filed in the Supreme Court challenging the Presidential order on Constitution (Application to Jammu and Kashmir) Order,2019.
The order effectively abrogates the special status accorded to Jammu and Kashmir under the provision of Article 370 whereby provisions of the Constitution which were applicable to other states were not applicable to Jammu and Kashmir (J&K).
The Presidential Order has also extended all provisions of the Indian Constitution to Jammu and Kashmir.This order has also superseded the Constitution (Application to Jammu and Kashmir) Order,1954.
The petitioner has claimed that the Presidential order was illegal as it was passed without taking consent from the J&K state Assembly.
The petitioner said that the amendments made to Article 367 are illegal and unconstitutional.The government has amended Article 367 to replace the reference to Constituent Assembly under Article 370(3) to mean Legislative Assembly
The amendment was necessary to enable the President to pass any order on Article 370.Article 370(3) empowers the President to repeal or amend any part of Article 370 but he needs to have the concurrence of the Constituent Assembly.
But in this case,the concurrence was not possible as the Constituent Assembly was dissolved in 1956.To overcome this legal challenge,the government brought the amendment.
Since the state is under Governor’s rule,the President needed to have governor’s concurrence to pass the order for revoking all the special powers accorded to the Jammu and Kashmir.