SC junks plea challenging validity of Article 370
New Delhi: The Supreme court Friday dismissed a petition challenging the constitutional validity of Article 370 that gives special status to Jammu and Kashmir.
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.
The petitioner said that a question before the apex court for its consideration was whether the temporary provision lapsed automatically with the dissolution of the Constituent Assembly of Jammu and Kashmir on Jan 26, 1957.
Another query the court was asked to address was whether the state’s constitution, which came into force Nov 17, 1956/Jan 26, 1957 was valid as some of its provisions were inconsistent with the provisions of the Indian Constitution.
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.