SC rejects PIL to quash Article 370
The Supreme Court Friday dismissed a PIL challenging special status granted to Jammu and Kashmir under Article 370 of the Constitution.
A bench headed by Chief Justice R M Lodha refused to entertain the PIL which alleged that Article 370 was a temporary provision which was valid only till constituent Assembly ratified the accession of Jammu and Kashmir.
“Declare that Article 370 of the Constitution, a temporary provision, lapsed with the dissolution of J & K Constituent Assembly, which was dissolved on 26th January 1957,” advocate Anil Jha, appearing for the petitioner submitted.
“The Constitution of J & K dated 17th Nov 1956/26th Jan 1957, void, in-operative, illegal and ultra vires of the Constitution of India and 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 ultra vires of the Constitution of India,” the petition said.
There had been a raging debate over Article 370 soon after the Narendra Modi government had taken charge. Union Minister Jitendra Singh had sparked off a controversy by saying that the Central government had started speaking to stakeholders to repeal the Act.
“The process of repealing Article 370 has started. We are speaking to the stakeholders,” Jitendra Singh had said.
Clarifying the statement, central government said that it will come up with a “structured” response to the issue of Article 370. “At the appropriate time, the Government of India, led by Narendra Modi, will come with a response on the issue of Article 370,” Law Minister Ravi Shankar Prasad said.