Jammu, Nov 20: The special Division Bench of High Court of Jammu & Kashmir and Ladakh is likely to hear the final arguments tomorrow, in a significant Public Interest Litigation (PIL) challenging the provisions of the J&K Reorganisation Act, as amended in December 2023, providing for the nomination of five MLAs to the J&K Legislative Assembly (LA), over and above its (assembly’s) sanctioned strength.
The PIL is scheduled to come up for hearing at Srinagar tomorrow, November 21, before the special Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri, already dealing with this matter, since October last year.
The pleadings in the petition, challenging the provisions of nominations of five MLAs to the J&K Legislative Assembly by virtue of sections 15, 15-A and 15-B, inserted in the J&K Reorganisation Act, 2019, vide amendment made in December 2023, are complete as the respondents – Government of India and the Lieutenant Governor’s office have already filed the reply opposing the petition and justifying the provisions of the nomination of five MLAs by the Lieutenant Governor.
The petition has been filed by Ravinder Sharma, an advocate and a former MLC.
Sharma, who is also the chief spokesperson of J&K Pradesh Congress Committee (JKPCC) has challenged the relevant provisions of the J&K Reorganisation Act, providing for nomination of five MLAs by the Lieutenant Governor, over and above the sanctioned strength of the Legislative Assembly of J&K, with full voting rights. His argument is that this provision has the potential of converting a minority government into majority government, thus is against the basic structure of the constitution.
Upon preliminary hearing in the matter by the senior Supreme court lawyers Dr Abhishek Manu Singhvi for petitioner and Tushar Mehta for the Government of India, on October 21, 2024, the court framed an important question of law – whether Section 15, 15-A and 15-B of the J&K Reorganisation Act,2019, having the potential of converting the minority government into a majority government and vice versa, is ultra vires the constitution being in violation of basic structure of the constitution.”
