ITANAGAR, Aug 29: Congress leader from Arunachal Pradesh, Padi Richo, has filed a writ petition in the Supreme Court, under Article 32 of the constitution, praying that the top court declare the Jammu & Kashmir Reorganisation Act, 2019, which divided the state of J&K into two union territories – Jammu & Kashmir, and Ladakh – as ultra vires to the constitution of India.
In his petition against the union of India and others, Richo prayed that the SC “declare the Constitution (Application to Jammu & Kashmir) Order, dated 5.8.2019, in exercise of the purported power under Article 370 (l)(d), upon the concurrence of the governor, and not an elected state government as ultra vires to the constitution of India.”
He also appealed to the apex court to declare “Presidential order dated 6.8.2019, in GSR No 552 (E), which invoked the power under Article 370 (3) to amend Article 370, and extend all provisions of the constitution of India to the state, upon the recommendation of the parliament, and not the constituent assembly of the state of Jammu & Kashmir or its legislative assembly, which stood dissolved as ultra vires to the constitution of India.”
The petition claims that the Jammu & Kashmir Reorganisation Act, 2019, “is unconstitutional, insofar as the newly carved units of Jammu & Kashmir and Ladakh have been denoted as union territories, derogating from their autonomy as a ‘state’.”
