Non-applicability of any constitution amendment in Jammu and Kashmir without a Presidential order under Article 370 of the Constitution, has been challenged in the Delhi High Court which has decided to hear a PIL in this regard next month.
The petition, which challenges the Constitution Order 1954 that adds a proviso to Article 368 of the Constitution, was listed for hearing before a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal, which said it will take up the matter on January 2 after the winter vacation.
The Constitution Order 1954 by the President had added a proviso to Article 368 (power of Parliament to amend the Constitution and procedure therefor), saying “no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under clause (1) of Article 370”.
Article 370 grants special autonomous status to the state and makes it clear that any law, including constitution amendments, shall not be applicable to the state unless applied by an order of the President under this article.
The PIL by adcocate Surjeet Singh contends that the Constitution Order was an “encroachment” on the
powers of the Parliament to amend the Constitution and apply it to Jammu and Kashmir.