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Supreme Court seeks Centre’s response over plea challenging special status to J&K

LiveMint logoLiveMint 08-08-2017 Priyanka Mittal

New Delhi: The Supreme court on Tuesday agreed to hear an appeal challenging Article 370 of the Constitution granting special status to the state of Jammu and Kashmir.

This is not the first time that the challenge granting special status to the state has been brought before the apex court.

A bench headed by Chief Justice J.S. Khehar sought the Centre’s response on the issue before the next date of hearing.

In April, the Delhi high court dismissed the plea by Kumari Vijaylakshmi Jha, contending that Article 370 was a temporary provision that had lapsed with dissolution of the state’s Constituent Assembly in 1957. Jha had moved the apex court challenging the dismissal.

It said that 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 had 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 and 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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