PIL in SC against scrapping Article 370's provisions (Lead)

New Delhi, Aug 6 (IANS) A PIL was been filed in the Supreme Court on Tuesday challenging the process of making Article 370 redundant in its application to the erstwhile Jammu and Kashmir state.

The PIL, filed by advocate M.L. Sharma, contends that the gazette notification regarding Article 370 and Article 35A was against the basic spirit of the Constitution and that the government acted in an arbitrary and unconstitutional manner.

The petition claims that the President's order is unconstitutional and the Centre must take the parliamentary route.

Sharma is likely to mention his petition on Wednesday in the top court for urgent hearing.

"Issue a mandamus to the Union of India for quashing of the impugned notification dated August 5th for amending Art 367 of the Constitution being illegal unconstitutional and void ab-initio and ultra vires of the Constitution," he said in his plea.

Sharma, in his plea, claimed that his challenge is in interest of justice and fair play, and also for the protection of the life and liberty of the citizens of the country.

The Centre, through a Gazette notification on Monday, technically read down the Article 370 in the Constitution. Article 35A has been scrapped by suspension of the 1954 Presidential order and all the provisions of the Constitution are now applicable to Jammu and Kashmir.

Sharma has challenged this process of making Article 370 redundant in the apex court.

--IANS

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Source : ians

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