J&K Reservation row: NC leader files plea challenging orders

National Conference General Secretary Ali Mohammad Sagar said in his petition that the ordinance was “unconstitutional and without jurisdiction” and liable to be “struck down”.

The Jammu and Kashmir High Court has issued notices to the Union Home and Law Ministries, the Union Cabinet and the state government for their responses to a petition filed by National Conference General Secretary Ali Mohammad Sagar, seeking to declare the Cabinet’s move to bring an ordinance for amending the J&K Reservation Act as unconstitutional.

Sagar said in his petition that the ordinance was “unconstitutional and without jurisdiction” and liable to be “struck down”.

The court has sought responses by July 10.

“…the Constitutional (Application to J&K) Order 2019 is ex-facie unconstitutional because the Constitution of India doesn’t apply to the State of J&K on its own force. It applies to the state by virtue of Article 370 of the Constitution of India which provides a mechanism for application of Constitution of India to the State of J&K, requiring a ‘consultation’ or a ‘concurrence’ of the state government. The state government for the purpose of Article 370 means ‘the Maharaja’ and/or the ‘Sadar-i-Riyasat’ acting upon the council of ministers…” Sagar contended.

“Since after the proclamation of 20th June, 2018, the Assembly was firstly put in suspended animation… it was dissolved and as on date there is no council of ministers. Therefore, the Governor… without the advice of council of ministers was incompetent to give any ‘concurrence’ to the proposal.” the petition said.

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