Justice Khekar

The Supreme Court sought replies from centre and state of Jammu and Kashmir on the validity of article 370 on the petition challenging the status of article 370 of the constitution which gives special status to the state of Jammu and Kashmir .

The Supreme Court bench headed by Chief Justice of India JS Khehar issued notices to both centre and state and ask them to file their replies on the validity of Article 370 on the petition filed by Kumari Vijayalakshmi Jha against Delhi High Court dismissing her order.

Article 370 gives special status to the state of Jammu and Kashmir. They have their own constitution and also their own national flag. Also there are several other rights which are being enjoyed by the people of Jammu and Kashmir. These are, no law possess validity in the land of Jammu and Kashmir as they are applicable in the whole of India except Jammu and Kashmir.

Nobody living in India except the people of Jammu and Kashmir can buy land in Jammu and Kashmir but they have all the rights within the India. These people have various advantages in the field of education also as they have their special quotas in various institutions.

             Anil Kumar Jha

Advocate Anil Kumar Jha , counsel for petitioner argued that as Article 370 was the temporary provision so why it is still in the constitution , being an unconstitutional Article as the period for which a temporary article can be in the regulation has expired way long. Continuance of Article 370 which never got any approval from the president of India or the Parliament . So it is against the sovereignty and integrity of the Union of India.

Petitioner challenged the validity of Article 370 as the period for which a temporary article can continue is till the continuance of the constituent assembly which is cleared form clause 3 of Article 370 itself. The permission to have a separate constitution has not got the approval of the president of India which is mandatory. So it is in violation of Article 51, 53 of the Constitution.

The petitioner prayed to declare Article 370 as unconstitutional, illegal and violative of the constitution.