Reservation in promotions: Applicability of Article 16(4A) To Jammu And Kashmir: Supreme Court To Consider After Constitution Bench Decision On Validity of Article 370 Abrogation
Live LawThe Supreme Court on Wednesday posted the issue of the right of Reserved Category Government servants in the Union Territories of Jammu and Kashmir to accelerated promotion for after the decision of the Constitution Bench on the validity of the abrogation of Article 370. The bench of Justices DY Chandrachud, Surya Kant and Vikram Nath was hearing SLPs against the 2015 decision of the Jammu and Kashmir High Court striking down Section 6 Jammu and Kashmir Reservation Act 2004 and Rules 9, 10 and 34 Jammu and Kashmir Reservation Rules 2005 as ultra-vires Article 16 and in conflict with law laid down by Supreme Court in Indra Sawhney 's case. In the impugned judgment, the High Court had held, "Article 370, notwithstanding its title showing it a "temporary provision" is a permanent provision of the Constitution. On Wednesday, Senior Advocate A. K. Ganguli, for the petitioners, told the bench, "The High court said that Article 16, when introduced, was not applied to J & K originally.the impact of abrogation of 370 is that all amendments to the Constitution are deemed to be extended to Jammu and Kashmir. Assuming that the Constitution bench decides the opposite, then the question which was decided by the High Court was whether these impugned rules were violative and ultra vires of article 16 4A.