Only Parliament can take a call on Article 370: Supreme Court
In a landmark decision the Supreme Court of India has held that only the Parliament can take a call on scrapping the Article 370 which accords special status to Jammu and Kashmir. It also dismissed a PIL filed by Purushotam Yadav ruling that it was only the parliament that can take a call on Article 370.
A bench comprising Chief Justice HL Dattu, and Justice Amitaya Roy dismissed the petition.
The ruling assumes significance as recently the Jammu and Kashmir High Court observed that Article 370 was a permanent provision of the constitution. Yadav had called for permanent removal of this article from the constitution that gives special status to J&K. While dismissing the petition, the bench said that Court can not ask Parliament to delete a provision from the Constitution. It also said that it can strike down a provision if it is unconstitutional but it can not ask parliament to remove a provision.
In his petition, Yadav had asked the court for removal of of words ‘except Jammu and Kashmir from all statues where laws are made applicable. Noting that Article 370, and the consequent Presidential Order abridge the constitutional system, and violate the fundamental rights of the people. He also mentioned that that this article had been titles as temporary provision that had to go after some time.