SC seeks Centre’s reply on validity of special status to J&K

The petition had said that the continuance of the temporary provision of Article 370 even after dissolution of the state's Constituent Assembly and its Constitution which has never got the assent of the President of India or Parliament or the Government of India, "amounts to fraud on the basic structure of our Constitution".

By: PTI | New Delhi | Published: August 8, 2017 1:42 pm
article 370 j&k, article 370 jammu and kashmir, article 370 j&k supreme court, article 370 indian constitution, latest news, indian express news The petitioner in high court, Kumari Vijayalakshmi Jha had contended that Article 370 was a temporary provision that had lapsed with the dissolution of the state’s Constituent Assembly in 1957.

The Supreme Court today sought response from the Centre on a plea against a Delhi High Court order by which it had rejected a petition challenging validity of Article 370 of the Constitution giving special status to Jammu and Kashmir.

A bench headed by Chief Justice J S Khehar issued notice to the Centre and sought its reply within four weeks.

The Delhi High Court had on April 11 this year rejected the plea challenging the validity of Article 370, saying nothing survives in it as the Supreme Court has already dismissed a petition on the issue.

The petitioner in high court, Kumari Vijayalakshmi Jha, had claimed that the issue raised before the high court was different from the matter which was put before the apex court.

She had contended that Article 370 was a temporary provision that had lapsed with the dissolution of the state’s Constituent Assembly in 1957.

The petition had said that the continuance of the temporary provision of Article 370 even after dissolution of the state’s Constituent Assembly and its Constitution which has never got the assent of the President of India or Parliament or the Government of India, “amounts to fraud on the basic structure of our Constitution”.

In July 2014, the Supreme Court had dismissed a plea challenging the special status granted to Jammu and Kashmir and had asked the petitioner to move the high court.

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  1. Anand Ch
    Aug 8, 2017 at 3:53 pm
    More importantly, present JK is not what it used to be. Some of the area is under enemy occupation which is not likely to become free. Hence scrap the special status.
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    1. Ravishanker Verma
      Aug 8, 2017 at 2:47 pm
      Repeal of Article 370 is not purely a legal matter and it should be left to the Central Government to decide this. Its consequences are tremendous and far reaching. To my mind, center must make these things very clear to SC.
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