Constitutional amendments applicable to JK?

Delhi HC seeks response to plea challenging 1954 presidential order

D A Rashid
Srinagar, Publish Date: Apr 21 2017 12:10AM | Updated Date: Apr 21 2017 12:10AM
Constitutional amendments applicable to JK?Representational Pic

The Delhi High Court on Thursday asked the Government of India, the Jammu and Kashmir government and a petitioner to file written submissions on a plea challenging the 1954 Presidential Order that prevents applicability of any amendment in the Constitution of India, to Jammu and Kashmir.

A division bench comprising acting-Chief Justice Gita Mittal and  Justice Anu Malhotra asked the Government of India through its counsel, Advocate General of Jammu and Kashmir Jahangir Iqbal Ganai as petitioner Surjeet Singh to file written submissions by September 17, the next date of hearing of the case.  

“The bench directed the parties to submit written arguments before the next date of hearing to know their stand on the matter. 

It further said it will proceed in the matter after going through the written submissions,” Advocate General, Jahangir Iqbal Ganai told Greater Kashmir.   

Ganai was assisted by state’s other counsels in the Delhi High Court, G M Kawoosa, Shaib Alam, Muraz Andrabi.

The bench was hearing the petition by Singh that challenges 1954 Presidential Order which insulates Jammu and Kashmir from any amendment made in Constitution of India.   

“The J&K’s stand before the Delhi High Court is whether it has the jurisdiction to entertain the petition on the grounds of doctrine of forum convenience,” Ganai, said. 

The 1954 Order adds a proviso to Article 368 of the Constitution. The proviso says “no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under Clause (1) of Article 370.”

Notably, on April 11, while dismissing a plea against Article 370, the Delhi High court upheld the constitutional validity of the provision that guarantees special status to Jammu and Kashmir. 

 

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