Delhi HC reserves order over plea seeking directives to stop J-K MPs from entering parliament

The Delhi High Court on Monday reserved order on a plea seeking direction to stop the entry of lawmakers from the erstwhile state of Jammu and Kashmir in the Parliament, contending that they lost their locus standi as MPs after the bifurcation of the state into two union territories.

Meanwhile, Advocate Anil Soni, representing Ministry of Parliamentary Affairs told Justice Brijesh Sethi that this plea is not maintainable and should be rejected.

According to the petitioner, on August 5 2019, the state of Jammu and Kashmir was disbanded and in its place, two Union Territories were formed, therefore the MPs representing the State in the Rajya Sabha and Lok Sabha lost their locus standi to sit in the parliament.

The plea, filed by one professor from Jammu and Kashmir, Abdul Gani Bhat, who has sought that the 10 Members of Parliament from the erstwhile Jammu and Kashmir state should be stopped from entering and occupying seats in the parliament forthwith.

The petitioner, in his plea, said that MPs are representatives of the people of their States or Union Territories.

"But when there is no State or Union territory there cannot be any representation of that non-existent State or Union territory in the Indian Parliament. On 5th August 2019, the State of J-K was disbanded and in its place, two Union territories were formed. Accordingly, the MPs representing the State in the Rajya Sabha and Lok Sabha lost their locus standi to sit in the Indian Parliament," the petitioner said.

He further added that their continuation in the Parliament is illegal and unconstitutional for all practical purposes.

The petitioner said that Parliament of India abrogated the temporary Article 370 of the Constitution of India, cancelled separate constitutions, separate flag, separate laws and separate status of the State of Jammu and Kashmir and reorganised the State into two Union territories of Ladakh and Jammu-Kashmir.

"Thus the presence of the 10 members in the Indian parliament from the erstwhile State is immoral, illegal and unconstitutional," the petition said.