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Delhi HC admits plea challenging validity of Article 370

Posted Date : 28-Sep-2015 , 08:35:44 pm | Posted By CASANSAAR print Print
The Delhi High Court today agreed to hear a PIL challenging the constitutional validity of Article 370 that gives special status to Jammu and Kashmir.

A bench of Chief Justice G Rohini and Justice Jayant Nath posted for October 19, the hearing on a plea by a 22-year-old girl who contended that Article 370 was a temporary provision that had lapsed with the dissolution of the state's Constituent Assembly in 1957.

The petitioner, Kumari Vijayalakshmi Jha, said a question before the court for its consideration was whether temporary provision lapsed automatically with the dissolution of the Constituent Assembly of Jammu and Kashmir on January 26, 1957.

"From perusal of Article 370 (some clause), it becomes clear that the said provision of Article 370 was valid till Constituent Assembly, constituted for framing the Constitution of Jammu and Kashmir exited/continued," the plea said.

It further said that "continuance of temporary provision of Article 370, even after dissolution of Constituent Assembly of J&K, continuance of J&K Constitution which has never got the assent/approval of President of India/Parliament/ Government of India, regarding the matter like citizenship, which is in exclusive jurisdiction of Parliament, amounts fraud on the basic structure of our Constitution, ... (as it is) against the sovereignty, integrity, unity of the nation, sovereignty of Parliament etc.".

Earlier in July 2014, the Supreme Court had dismissed the plea challenging special status granted to Jammu and Kashmir under Article 370 of the Constitution and asked them to move the high court.

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