Ladakh Residents Move To Supreme Court Challenging Abrogation Of Article 370

Who are the parties

• Qamar Ali Akhoon, Asgar Ali Karbalai, and Sajjad Hussain have moved to the Supreme Court with a plea challenging the constitutional validity of the Jammu and Kashmir (Reorganisation) Act of 2019.
• They are the permanent residents of Ladakh, a new Union Territory.
• Lok Sabha MP Mohammad Akbar Lone and (retd) Justice Hasnain Masoodi had filed the original plea in the matter. The new applicants have been brought in by impleadment.
• The parties are said to be aggrieved by the effects of the impugned Act and Orders.

What does the plea allege

• It is alleged that the scheme of Article 370 has been unconstitutionally undermined by the Jammu and Kashmir (Reorganisation) Act of 2019 and the Presidential Orders.
• It is stated that the Act also deprived the people of their right to elect their representatives, and instead, it installed a dictatorial regime. Also, administrators without the consent of the residents know the region and the Lieutenant Governor controls the UT Ladakh administration.
• The Plea adds that the inhabitants have been denied constitutional rights by eroding the legislation and the executive functioning and organs of the State of JK and the region, UT of Ladakh.
• It is also alleged that the Order and Act have sabotaged the basic purpose of Article 370, which was to allow for the orderly implementation of constitutional provisions to the State without dismantling the State Constitution.
• The plea also states that the UT of Ladakh severely depended on the State of JK because of the climatic and geographical conditions of Ladakh. The separation has also affected the same.
• Furthermore, it is alleged that the Reorganisation Act has infringed upon various laws formed by the former Jammu and Kashmir Legislature.

What does the plea seek

• The plea not only alleges a manipulation and an abuse of the process of law, but it also states that the amendments and changes have been carried out without the expressed approval or the sanction of the people.
• Further, due to the absence of a legislature and limitation of political space for discussion and problem solving, the plea finally sought the Jammu and Kashmir (Reorganisation) Act of 2019, and the corresponding Presidential Orders be declared as unconstitutional, void, and inoperative.

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