Srinagar,25-Apr; The Central Committee of Communist Party of India (Marxist) (CPI-M) and spokesperson of the People’s Alliance for Gupkar Declaration (PAGD), MY Tarigami has again reminded supreme court of India about a writ petition, challenging the constitutional validity of abrogation of Article 370 and 35-A and passing of the Jammu and Kashmir (Reorganisation) Act 2019 in the parliament, which bifurcated the state into two Union Territories.In the writ petition under Article 32 of the Constitution of India, a copy of which lies with the Tarigami has prayed before the Supreme Court to list the petition for an early date in the interest of justice.He has also prayed before the court to issue a writ of certiorari or any appropriate writ or order(s) declaring Presidential Order GSR 551(E) (CO 272) dated 05.08.2019 unconstitutional, void, and inoperative; Issue a writ of certiorari or any appropriate writ or order(s) declaring Presidential Order GSR 562(E) (CO 273) dated 06.08.2019 unconstitutional, void, and inoperative and Issue a writ of certiorari or any appropriate writ or order(s) declaring The Jammu and Kashmir (Reorganization) Act, 2019 as unconstitutional, void and inoperative.The petition reads that it is the case of the Applicant that Article 370 of the Constitution of India is a self-contained Code which defined and regulated the relationship between the state of Jammu and Kashmir and the Union of India. Apart from Article 370, Article 1 of the Constitution of India would apply to the state of Jammu and Kashmir. From time to time, the President of India could, with concurrence of the Government of the State of Jammu and Kashmir, pass orders applying – with exceptions and modifications – specific provisions of the Constitution of India to the State of Jammu and Kashmir, based upon exigencies of the situation.“It is submitted that the President of India passed the order dated 05.08.2019 purportedly under Article 370(1)(d) of the Constitution whereby it superseded Presidential Order viz. Constitution (Application to Jammu and Kashmir) Order, 1954 that introduced Article 35A into the Constitution of India. It further stated that the provisions of the Constitution of India shall apply to the state of Jammu and Kashmir. Since Article 370(3) states that changes could be brought to the said Article only after recommendation thereof is made by the Constituent Assembly of the Jammu and Kashmir”,it reads.The petition reads that for getting over the requirement of recommendation of Constituent Assembly for making Article 370 inoperative, Presidential Order CO 272, which is in the nature of an executive order purportedly made under Article 370, introduced new clauses under Article 367 of the Constitution. In sum and substance, what Presidential Order CO 272 intends to perform is to make changes in the Constitution of India whereby certain words used could be construed as certain
