Article 370, Which Gives Jammu and Kashmir Special Status is Not a Temporary Provision: Supreme Court
The Supreme Court has said that article 370 has acquired a permanent status through years of existence and that it is not a temporary provision.
New Delhi, April 4: The Supreme Court on Tuesday has said that article 370 which grants Jammu and Kashmir special status is not a temporary provision and that it has acquired a permanent status through years of existence. “The issue concerned is covered by the judgement of this court in the 2017 SARFAESI matter, where we have held that despite the headnote of Article 370, it is not a temporary provision,” observed a bench of justice comprising justices A K Goel and R F Nariman.
The apex court was hearing an appeal petition filed by Kumari Vijayalakshmi Jha. The Delhi High Court had on April 11, 2017 passed an order and dismissed the plea which appealed that Article 370 be declared temporary in nature. According to a report in the Financial Express, the petitioner had made a claim that Article 370 was a temporary provision and the article should have ceased to exist with the dissolution of the Constituent Assembly in 1957.
During the hearing, Additional Solicitor General (ASG) Tushar Mehta representing the Centre appealed that the matter must be heard with similar matters that were pending with the bench. Senior advocate Rajeev Dhavan and advocate Shoeb Alam who appeared for the Jammu and Kashmir government, refuted the government's claim that similar matters were pending before the court. They said that the matters before the apex court relates to Article 35 A of the Constitution and not Article 370 as was submitted by the ASG. The Supreme Court has adjourned the matter and given the Centre three weeks to file its response.
(The above story first appeared on LatestLY on Apr 04, 2018 11:06 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).