Special Status To J&K: SC Seeks Centre, State Govt’s Replies On Validity Of Article 370

The Supreme Court on Tuesday sought response from the Centre and the Jammu and Kashmir government on a petition challenging the validity of Article 370 of the Constitution that gives special status to J&K state.

A bench headed by Chief Justice of India JS Khehar issued notices to the Centre and J&K government and sought their replies on an appeal filed by Kumari Vijayalakshmi Jha against Delhi High Court's April order dismissing her petition.

Advocate Anil Kumar Jha, counsel for the petitioner argued that Article 370 was a temporary provision that had lapsed with the dissolution of the state's constituent assembly in 1957.

Continuance of temporary provision of Article 370, which had never got the assent/approval of President of India or the Parliament, regarding matters like citizenship, amounted to fraud on the basic structure of our constitution, and was against the sovereignty, integrity, unity of the nation, the plea said.

Petitioner challenged the validity of continuance of Article 370 of the Constitution of India, as, maximum life span of said temporary provision was only till the existence of constituent Assembly, which can well be clarified from the perusal of Constituent Assembly debate and Article 370 clause (3) itself, (b) the validity of separate Constitution of J & K,1956 / 1957 mainly for the reason that the same has not yet got the assent / approval of the President of India, which is mandatory as per provision of Article 51, 53 and Article 370 itself and being the same violative of Article (1) also, which can’t be, as per provision of Article 370 itself, preamble, basic structure and validity of such part / provisions of 1952 agreement entered into between U.O.I. & J & K, which are violative of the provisions of The Constitution of India being the same not covered by Article 370, as, the said 1952 agreement is not an order passed by the President under Article 370.

Prayers
Declare (a) that the Constitution of J & K dated 17th Nov. 1956/26th Jan. 1957, void, in-operative, illegal and ultravires of the Constitution of India or (b) such provisions of J & K Constitution like Article 144, 6, 7, 8 etc., of the same, which are inconsistent with/in derogation of Indian constitution void, in operative, illegal and ultravires of the Constitution of India.

Declare all such provisions of 1952 “Delhi Agreement” like clause II, IV etc. annexed with writ petition, which are inconsistent with/ in derogation of the provisions of the Constitution of India, void, illegal inoperative, unconstitutional and quash the same.