Excelsior Correspondent
SRINAGAR, Mar 18: The High Court today issued notice to Government of India and State Government in a plea challenging ordinance giving reservation to the persons residing adjacent to International Border.
Union Cabinet, through Cabinet Secretary New Delhi on February 28 approved a proposal of the State Government regarding amendment to the constitution Order of 1954 wherein the provisions of constitution Act 1995 and constitution Act 2019 were applied to the State of J&K.
Cabinet Secretary also approved the promulgation of an Ordinance known as J&K Reservation (Amendment) Ordinance 2019, amending J&K Reservation Act, 2004 to bring persons residing in the areas adjoining International Border, within the ambit of Reservation at par with persons living in areas adjoining Line of Control (LoC).
Justice Rajesh Bindal today issued notice to Ministry of Home Affairs New Delhi, Ministry of Law and Justice New Delhi and Chief Secretary of the State for filing of objections to the plea.
Petitioners as aggrieved by the said ordinance and amendment 2019 have approached the court for quashing and striking down Jammu & Kashmir Reservation (Amendment) Ordinance 2019 and Constitution (Application to Jammu & Kashmir) Amendment Order, 2019.
They challenged both on the ground that the Constitutional (Application to J&K) Order, 2019, is ex-facie unconstitutional because the Constitution of India does not apply to the State of J&K on its own force.
“It applies to the State by virtue of Article 370 of the Constitution of India, which provides a mechanism for application of Constitution of India to the State of J&K, requiring a ‘consultation’ or a ‘concurrence’ of the State Government,” they said.
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