SC dismisses PIL against Art 370

Kashmir Times. Dated: 7/12/2014 12:40:02 PM

NEW DELHI, July 11 (Agencies): The Supreme Court on Friday dismissed a PIL challenging special status granted to Jammu and Kashmir under Article 370 of the Constitution.
A bench of Chief Justice R.M.Lodha, Justice Pinaki Chandra Ghose and Justice Rohinton Fali Nariman dismissed the plea by Kumari Vijayalakshmi Jha, who contended that Article 370 was a temporary provision that lapsed with the dissolution of the state’s constituent assembly in 1957.
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 November 1956 and 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.
Dismissing the plea, the court wondered what made the petitioner raise the issue after Constitution of India came into force in 1950 and Jammu and Kashmir’s Constitution in 1956.

 

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