A petition has been filed in the Jammu and Kashmir High Court challenging the extension of 77th and 103rd amendments of the Indian Constitution to the J&K state through a presidential order.
Earlier,Union cabinet had approved Constitution (Application to Jammu & Kashmir) Amendment Order, 2019.The order serves the purpose of application of relevant provisions of the Constitution of India,as amended through 77th Constitution Amendment of 1995 and 103rd Constitution Amendment for Jammu and Kashmir by the President under clause (1) of Article 370.
77th Constitution Amendment of 1995 provides for reservation in promotion for the Scheduled Castes and the Scheduled Tribes.A new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.Later,clause (4A) was modified by the Constitution (85th Amendment) Act,2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
103rd Constitution Amendment provides for 10% reservation in education and government jobs to economically weaker sections.
The petition has been filed on the grounds that (a)Constitution of India cannot be applied to Jammu and Kashmir in the absence of Council of Ministers (b)Governor does not have the power to give any concurrence to the application of any part of Constitution of India to the State of J&K and (c)The President of India,after having issued Article 370 of the Constitution of India to J&K,has no power to amend J&K Reservation Act,2004,which is a State Act.