Madras HC dismisses plea challenging J-K Reorganisation Act
According to the petitioner, Desiya Makkal Sakthi Katchi (DMSK), a Tamil Nadu-based group, the Union legislature cannot legislate on those matters in the Union List and the Concurrent List which are not in accordance with subjects in the Instrument of Accession of Jammu and Kashmir.
The petitioner submitted that the government has abrogated Articles 370 and 35A by way of a presidential order and also enacted the Jammu and Kashmir Reorganisation Act, 2019, without the approval of the Jammu and Kashmir Assembly.
"The consultation of the state government is required in any matter that affects the state," the DMSK said.
The petitioner had also expressed apprehension that what has happened in Jammu and Kashmir may also happen in Tamil Nadu in future.
Observing that assumptions cannot be answered, the bench had, in the last hearing, reserved its order on the maintainability of the plea.
The Supreme Court has fixed November 14 to commence hearing of a batch of pleas challenging the constitutional validity of the Centre's decision.
