“Imposes dictatorial regime, democratic process annulled:" Ladakh leaders, journalist move Supreme Court challenging abrogation of Article 370

Three political leaders from Ladakh have moved the Supreme Court seeking impleadment in the petition challenging the 2019 decision of Central government to dilute Article 370 of the Constitution and bifurcate the erstwhile State of Jammu & Kashmir (J&K) into the Union Territories of Jammu and Kashmir and Ladakh..The plea was filed by Qamar Ali Akhoon, Asgar Ali Karbalai and Sajjad Hussain. Akhoon was a Member of the Legislative Assembly of erstwhile State of Jammu and Kashmir representing the Kargil constituency. Karbalai is also a political and social leader from Kargil District of Ladakh while Hussain is the Editor of Greater Ladakh..The impleadment was sought in the plea filed by Lok Sabha MPs Mohammad Akbar Lone and Justice (retd) Hasnain Masoodi.The application said that the Presidential Orders along with the Jammu & Kashmir Reorganization Act, 2019 has the chilling effect of extinguishing a "State" by overriding the constitutional scheme to establish Union Territories, which do not conform to the democratic pattern envisaged by the Constitution of India..“The Presidential Orders along with the Reorganization Act have eroded the legislative and executive organs and have denied the Constitutional rights of the inhabitants of the State of Jammu and Kashmir including the inhabitants of the region which is now the Union Territory of Ladakh,” the plea said..J&K People's Conference moves Supreme Court for early hearing in petitions challenging abrogation of Article 370.The plea further stated that the Presidential orders and the Reorganisation Act “unconstitutionally undermine the scheme of Article 370 of the Constitution of India and usurp the power from the people to elect their own representatives.".“It imposes a dictatorial regime wherein the entire democratic process has been annulled and the inhabitants of the region have been left at the mercy of administrators who do not possess mandate of inhabitants of the region,” it was contended. .A slew of petitions were filed before the Supreme Court immediately after the abrogation of Article 370. Though the Court had issued notice on the same, they are yet to be heard and decided. .On August 5, the Constitution (Application to Jammu & Kashmir) Order, 2019, was introduced to supersede the Constitution (Application to Jammu & Kashmir) Order, 1954. The 1954 Order had listed out provisions of the Constitution of India that would not apply to Jammu and Kashmir.In its place, the 2019 Order provided that all provisions of the Constitution of India will apply to the state of Jammu & Kashmir, with a few exceptions and modifications.Though the power to abrogate or modify Article 370 was conferred on the President under clause (3) of the Article, there was a pre-condition to the same – concurrence by the Constituent Assembly of the State of Jammu & Kashmir. The Constituent Assembly had, however, ceased to exist as far back as in the 1950s.In order to get over this hurdle, the Presidential Order now under challenge had amended Article 367 to replace the reference to “Constituent Assembly” under Article 370(3) to mean “Legislative Assembly”.Subsequently, the President had issued another order on August 6 making Article 370 redundant..Turning the clock back: How the Supreme Court has dealt with cases arising out of last year’s abrogation of Article 370.In March 2020, a 5-judge Constitution bench of the Supreme court had held that there was no need to refer the batch of petitions challenging Article 370 to a 7-judge constitution bench.The matter has not been heard since then though an application seeking early hearing of the matter was filed in November 2020.