SC to examine validity of Article 370 conferring special status on Jammu & Kashmir
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SC to examine validity of Article 370 conferring special status on Jammu & Kashmir

Murali Krishnan

The Supreme Court today issued notice to the Centre in an appeal from a Delhi High Court judgment, challenging the validity of Article 370.

A Bench of Chief Justice JS Khehar and Justices AK Goel and DY Chandrachud issued notice to the Central government in the appeal filed by one Kumari Vijayalakshmi Jha.

Jha had first moved the Delhi High Court contending that Article 370 was a temporary provision that had lapsed with dissolution of the state’s Constituent Assembly in 1957.

It was Jha’s argument that the impugned Article 370 impinged upon the basic structure of our Constitution, and was against the sovereignty, integrity, unity of the nation.

A Bench of Justices G Rohini and Jayant Nath had dismissed the case whereupon Jha had moved Supreme Court in appeal.

Two years ago, while holding that Article 370 was permanent and could not be repealed, the Jammu & Kashmir High Court pointed out a technicality in the law to substantiate its verdict.

Clause (3) of the provision grants the President of India the power to “declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications”. However, a proviso to this clause states that such declaration by the President shall be possible only with the assent of the Constituent Assembly of Jammu & Kashmir.

However, the state’s Constituent Assembly has ceased to exist since January 1957.

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