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Application seeking early hearing of the pleas challenging the changes made to Article 370 of constitution has been filed before the SC

Team SoOLEGAL 3 Nov 2020 3:10pm

Application seeking early hearing of the pleas challenging the changes made to Article 370 of constitution has been filed before the SC

A Public Interest Litigation has been filed by Advocate Shakir Shabir before the Supreme Court on November 02, 2020, seeking an early hearing to the batch of pleas challenging the changes made to Article 370of the Indian Constitution and subsequent orders.

The applicant has preferred to file PIL under Article 32 of the Indian Constitution mentioning that the promulgation of the Constitution (Application to Jammu and Kashmir) Order 2019, dated Aug 05, 2019, amending Article 367 of the Constitution of India is arbitrary, whimsical and void ab initio as also being ultra vires to the Constitution.

The application contends that “the respondents are continually proceeding ahead with further changes in laws concerning the erstwhile State of Jammu and Kashmir, which has now been split into two distinct Union Territories of Jammu and Kashmir & Laddakh.” 

It also stated that several decisions of the government such as the changes to the land laws in the union territory are illegal and void ab initio- It reads “such illegal and unconstitutional actions risk rendering the captioned petition infructuous while rendering permanency to the impugned order(s)".  

However, the changes were formulated for the betterment of the local people but despite making growth it brings down the economy of the state due to regular internet cuts and reduced speed of the internet. These hurdles were faced prominently by students and businesses.

With reference to the batch of pleas which are pending before the Supreme Court, the application submits that notice was given on 28.08.2019 and that the case was referred to the Constitutional Bench.

Considering the restricted working of the courts due to Covid-19 Pandemic, the application seeks early hearing of the pleas relating to the amendments made to Article 370 of the Indian Constitution and subsequent orders.



Tagged: Article 370   Public Interest Litigation   Advocate Shakir Shabir   Supreme Court   Indian Constitution   Article 32   Constitutional Bench   Covid-19 Pandemic  
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