The abrogation of Article 370 amounted to “an overnight abrogation of the democratic rights and freedoms guaranteed to the people of the State of Jammu and Kashmir upon its accession,” stated a petition filed by three permanent residents of Ladakh including two politicians and a journalist before the Supreme Court challenging the constitutional validity of the Jammu and Kashmir (Reorganisation) Act of 2019.
In 2019, the BJP ruled Union government abrogated Article 370 of the Indian Constitution along with that came the bifurcation of the state of Jammu and Kashmir (J&K) into the Union Territories of Jammu and Kashmir and Ladakh.
“The UT of Ladakh was an integral part of J&K. The region due to its terrain and climatic conditions is dependent on the erstwhile State of J&K,” the plea by Qamar Ali Akhoon, Asgar Ali Karbalai, and Sajjad Hussain further added.
The move by the BJP government came without any kind of discussion with the primary stakeholders and was severely criticised and protested against by the local populace in the area.
Following the move, Indian forces intensified surveillance and repression of the civilians, and the political leaders were forced into house arrests for months at stretch. The areas of Jammu & Kashmir and Ladakh have since been facing harsh political and economic consequences.
Article 370 was abrogated with an aim “to usurp the power from the people to elect their own representatives and impose a dictatorial regime wherein the entire democratic process has been annulled and the inhabitants of the region have been left at the mercy of administrators who do not possess mandate of inhabitants of the region,” the plea added.
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The Reorganisation Act, the plea says, has interfered with various Laws formed by the erstwhile Legislature of Jammu and Kashmir.
The applicants have mentioned that section 96 of the J&K Reorganisation Act, 2019 has been used to bring amendments to various laws applicable in Jammu and Kashmir without any approval or intimation to the local people.
It is important to note that the above-mentioned section empowers the Union government to adapt and modify any law by way of repeal or amendment before the expiration of one year from the appointed day of the Union Territory of Jammu and Kashmir which is 31.10.2019.
Section 96, along with the extinguished legislature has limited the scope of political discussion in a democratic manner and the plea, therefore request the apex court to declare the impugned Act of 2019 and the corresponding Presidential orders unconstitutional, void, and inoperative.
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