PIL filed in SC over presidential order passed in RS to nullify Article 35A

The petitioner, M L Sharma, has made a name for himself by filing Public Interest Litigations (PILs) in several cases.

A petition challenging the presidential order that paved the way for scrapping Article 35-A, and effectively revoking Article 370 of the Constitution was filed in the Supreme Court on Tuesday by advocate M L Sharma, who has made a name for himself by filing Public Interest Litigations (PILs) in several cases.

A petition challenging the presidential order that paved the way for scrapping Article 35-A, and effectively revoking Article 370 of the Constitution was filed in the Supreme Court on Tuesday by advocate M L Sharma. (Amal KS/HT PHOTO)

Sharma’s petition came on the day the Lok Sabha passed resolutions and legislations bifurcating Jammu and Kashmir into two Union Territories and scrapped the special status given to the state of Jammu and Kashmir under the constitution, and a day after the Rajya Sabha passed the same.

Sharma said he would mention his petition before the court seeking early hearing of his case on Wednesday.

The petition seeks quashing of the August 5 presidential order “for amending article 367 of the Constitution of India” on the grounds that it is “ illegal, unconstitutional, void ab initio and ultra vires to the Constitution”.

The presidential order superseded the presidential order of 1954, which resulted in Article 35-A. It also said the governor was a substitute for the legislative assembly of the J&K (which is currently under president’s rule and doesn’t have an assembly).

The government used the second provision to tweak Article 370 and remove all its provisions bar one which essentially says the Constitution applies to J&K.

Sharma in his petition claims the presidential order is illegal as it has been passed without the consent of the state assembly.