By FutureLaw Desk
A petition is lodged in the Indian Supreme Court today to challenge the recent abrogation of Article 370 of the Indian constitution, which altered the constitutional status of Jammu and Kashmir (J&K), arguing that this decision has taken away the rights of citizens of J&K without their mandate. Stating the legislation approved by Parliament and the orders issued by the President subsequently as “unconstitutional”, the petition prayed for these to be declared as “void and inoperative”.
The petitioners (i.e. two MPs from the National Conference of J&K) submitted that the Supreme Court has to examine as to whether the Union government can “unilaterally” unravel the unique federal scheme under the cover of President’s rule while undermining crucial elements of due process and rule of law.
“This case, therefore, goes to the heart of Indian federalism, democratic processes and the rule of the apex court as the guardian of the federal structure,” the petition said.
Earlier this week, the Indian Parliament had approved the legislation for bifurcating the state, a bold and far-reaching decision that seeks to redraw the map and future of a region at the center of a protracted militancy movement.
After being passed in the parliament, the legislation has been given the presidential assent to be effective from October 31, a significant date marking the birth anniversary of Sardar Vallabhbhai Patel, the first Hime Minister of India who was instrumental in the merger of about 565 princely states into the Union of India following Independence.