x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Rich Harvest excels in Badminton Tournament | Natya Utsav begins at Abhinav Theatre | GDC Dharmari organizes prize distribution function | Heritageans shine at Phoenix Mun - 2019 | SIP School organizes 'Poster Making Competition' | Mehbooba's fate linked with Anantnag constituency results | Why Ram Dev And Anna Hazaare on The Backfoot ? | Stalling of delimitation in J&K: Unjust political opportunism by Kashmir centric leadership | For Mehbooba perpetrators of Sri Lanka blasts are terrorists but Yasin Malik, who killed IAF men, KPs is a leader? | Mehbooba becomes Pak's cheerleader yet again | Rape accused addressing rallies in support of Mehbooba Mufti | On return from New Delhi, NC leader attacks Congress | Suspension of Cross-LoC trade divides Jammu and Kashmir | Cong, BJP strive hard for migrant votes | AB-PMJAY's flaws come to fore | Governor chairs meeting of 74th Board of Directors of JKSPDC | General elections: Congress on the mat, courtesy Rahul | Karvan-e-Aman bus remains suspended for eighth week | Advisor attends ERA workshop on flood mitigation | Symbols allotted to contesting candidates of Ladakh PC | General Observer reviews poll preparedness in Pulwama | Advisor Sharma to meet public at Jammu on April 24 | Power Shutdown | JWCA condemns serial blasts in Churches of Sri Lanka | 2 more youth booked under PSA in Awantipora | Polling parties dispatched to 6 assembly segments of Anantnag district | PRC for kin of woman married outside J&K | JKNPP stages protest outside Div Com office | Modi, Mufti used threat of nuclear annihilation as some sort of PUBG game: Omar | CGPWA holds 24th AGM, discusses pensioners' issues | Advocate Deepika to be honoured in Canada, Maharashtra for her fight for justice | Anand Jain posted as director Anti-Corruption Bureau | Cross-LoC bus plies as per schedule in Poonch | Ration dealers demand jobs under Rehbar-e-Khurak | BJP will scrap Article 370: Amit Shah | DM orders inspection of brick kilns | Two weeks faculty development prog begins at BGSBU | PTU delegation calls on Advisor to Governor | Manohar urges Governor to revoke termination of NHM employees at earliest | MPEJ demands constitution of Delimitation Commission | PHE employees demand regularisation, release of pending wages | JCF Jammu condemns blast attack in Srilanka | IIMC announces admission to PG Diploma Courses in Journalism | Congress conducts door to door campaign | JJSF demands action against private schools violating order of FCC | JCCI alleges corrupt officers working against SSI units | 27 barrels of bitumen stolen from GREF's Hot Mix Plant Metka | Darbar dates clash with convoy calendar | Pak militant held, vehicle siezed in Pattan | Several Govt Schools in Drabshalla zone lack basic facilities | In violation of MCC; CEO Rajouri attaches teacher | After NGT's intervention Bandipora Adm closes down garbage dump site near Wullar | 4 in fray for Ladakh PC | Poor quality of allopathic medicines force people to go for Ayurveda, Homeopath | Grenade lobbed at SSP’s office in Sopore, no loss | Power shut down | Missing woman traced in Rajouri | Shah Faesal calls on Commissioner Tourism | Landslide buries dozen residential houses in Doda | Police probe truck fire after claims that it carried cash for poll-bound Anantnag | SC notice to Centre, J&K on NH44 traffic restrictions | Porters demand permanent employment | Electric live wires hang on trees, poses threat to locals | All JeM terrorists involved in Pulwama attack killed: Sources | Court awards 1-yr jail, Rs 4 lakh penalty to ex-DC Kupwara | PIL seeks better infrastructure at GMC | Arrangements in place as Anantnag district goes to polls today | Back Issues  
 
news details
HC seeks Govt's response to plea against reservation ordinance 2019
3/19/2019 12:16:17 AM
Early Times Report

Srinagar, Mar 18: The State High Court today issued a notice to union of India and J&K government on a petition, seeking its directions to declare Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 and Constitution (Application to Jammu & Kashmir) Amendment Order 2019, as unconstitutional and quashing tit. A single judge of Justice Rajesh Bindal issued the notice, seeking response within four weeks to the petition filed by Kashmir High Court Bar Association. The case has been ordered to be posted again in the week commencing from 3rd week of April.
Union cabinet headed by Prime Minister Narendra Modi approved the J&K Reservation (Amendment) Ordinance, 2019 to "bring persons living in remote and inaccessible areas under reservation ambit."
The Cabinet had also approved amendment to the Constitution (Application to Jammu and Kashmir) order 1954 by the way of Constitution (Application to Jammu & Kashmir) amendment order, 2019.
This, according to government, will provide 10 per cent reservation for economically weaker sections, which includes Scheduled Castes, Scheduled Tribes, in educational institutions and government job in addition to the existing reservation in Jammu and Kashmir. The lawyers' body said that Union Cabinet, through Cabinet Secretary on February 28 in "blatant violation of Article 356 of the Constitution of India" approved a proposal of the J&K government regarding amendment to the Constitution (Application to Jammu & Kashmir) Order, 1954, by way of Constitution (Application to Jammu & Kashmir) Order, 2019, whereunder, the Provisions of Constitution (Seventy Seventh Amendment) Act, 1995 and Constitution (One Hundred and Third Amendment) Act, 2019, were applied to the State of J&K.
"(The Bar Association) genuinely believe that the Constitution (Application to Jammu and Kashmir) Order, 2019, as also J&K Reservation (Amendment) Ordinance, 2019 have been issued by Ministry of Law & Justice (Legislature Department) Govt. of India, New Delhi on the approval of Union Cabinet without any power authority and competence".
The Bar has challenged on the grounds that the Constitutional (Application to J&K) Order, 2019, is ex-facie unconstitutional because the Constitution of India doesnot 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.
The Governor of J&K, who does not otherwise also figure anywhere in the Explanation appended to Section 1(b) of Article 370, in absence of Council of Ministers was not therefore legally competent to give any "concurrence" to the application of any part of Constitution of India to the State of J&K.
"Whenever a President's Rule is declared under Article 356 of the Constitution of India, in any State, the functions of the State Govt. vest with the President and the power of Legislature i.e., the power to make or amend laws vests with the Parliament. It is only the Parliament which can make or amend any law, during the President's Rule. In that view of the matter it was not the President but the Parliament which could amend a State Law. "
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU