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Delhi HC dismisses plea challenging validity of J&K’s special status

LiveMint logoLiveMint 11-04-2017 Priyanka Mittal

New Delhi: The Delhi high court on Tuesday dismissed a plea challenging the validity of Article 370 of the Constitution which gives a special status to the state of Jammu and Kashmir.

The order was passed by a bench comprising chief justice G. Rohini and Justice Jayant Nath who said the case had been earlier dismissed by the apex court.

Kumari Vijayalakshmi Jha’s petition had contended that Article 370 was a temporary provision that had lapsed with dissolution of the state’s Constituent Assembly in 1957.

It said the question before the court for consideration was whether the temporary provision lapsed automatically with the dissolution of the Constituent Assembly of Jammu and Kashmir on 26 January, 1957.

The petition added that continuance of temporary provision of Article 370, which had never got the assent/approval of President of India/Parliament/government of India, regarding matters like citizenship, amounted to fraud on the basic structure of our Constitution, and was against the sovereignty, integrity, unity of the nation.

Earlier in July 2014, the apex court had dismissed a plea by Jha challenging special status granted to Jammu and Kashmir under Article 370 of the Constitution and asked the petitioner to move the high court.

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