J&K Reorganisation Act, 2019 challenged in J&K High Court

KT NEWS SERVICE. Dated: 8/10/2019 11:21:10 AM

JAMMU, Aug 9(JNF): In a petition filed by Advocate Shams Khawaja filed a petition in Jammu & Kashmir High Court Jammu Wing for declaration that J&K Reorganization Act, 2019 be held ultra vires of the Constitution of India and issuance of appropriate directions.
In the petition it has been submitted that Union of India has recently rushed in legislation that inter alia purports to bifurcate the State of Jammu & Kashmir and furthermore downgrade the reside units into Union Territories as detailed in the aforesaid legislation. The said legislation has since been given effect.
The Petitioner contends that the said legislation violates the Constitutional paradigm in terms of procedure, in terms of substantive law and in terms of jurisprudence as well. Petitioner begs leave to dwell on these aspects during course of arguments. That the aforesaid legislation violates Article 3 of the Constitution of India, undermines the mandate inherent in Article 2 of the Constitution and sabotages the Federal Structuring that is a Salient Feature and Basic to the Structure of the Constitution itself. The said legislation disregards the Framer's Intent, manifestly. That in enacting the said legislation the Respondents have exceeded competent jurisdiction.
In the petition it has been further submitted that in enacting the aforesaid legislation, the Respondents have been very unfair to the Jammu region: this is nowhere to suggest that Kashmir or Ladakh regions have been treated duly and as per the admittedly stated 'Statement of Reasons & Objects' the following parameters were noticed for mooring while devising the said impugned legislation, namely: sparsity of population in a given territory unit such as Laddakh, impact of strife in given regions and respective regions having international borders with not very harmonious quarters. Furthermore the realization of Night to Self-Determination was also effectively taken cognizance of and acted upon by the Respondents selectively.
It is has been further submitted that the Right to Self-Determination is the spring of all Democratic Thought and Processes and the people of Jammu are the ones who have been refused realization of the same, not to speak of the oppressed people of Kashmir. It is the duty of the Government of the day to provide Good Governance to the people of the land and further that it is the democratic right of the people to determine their prospects themselves - from policies of their State to implementation priorities and methodology etc. By not granting separate, independent of any other region 'Statehood' a long-standing lawful1 expectation of the people of Jammu has been belied.
It has been further submitted that the entire exercise of enactment of the said legislation (and by its implementation) the people of Jammu have been discriminated against by the Respondents and their rights under Article 14 violated and by means of Presidential Order dated 5-8-19 i.e. the Constitution (Application to Jammu & Kashmir)Order, 2019, the Respondents have illegal deprived the people of Jammu of their Constitutionally recognized special status due to their bonding with the Union of India under special conditions and have thereby furthermore violated their rights under Article 14 and discriminated against them.

 

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