Delhi HC admitted plea challenging validity of Article 370 of Constitution of India

The High Court of Delhi on 28 September 2015 agreed to hear a PIL that challenges the constitutional validity of Article 370 of the Constitution of India that deals with the special status of Jammu & Kashmir (J&K).

The PIL was filed by a 22-year old girl Kumari Vijayalakshmi Jha and it was agreed to be heard by a bench of Chief Justice G Rohini and Justice Jayant Nath who posted the hearing on the matter for 19 October 2015.

In her plea, she challenged the constitutional validity of Article 370 on the grounds that it was a temporary provision or interim arrangement until a separate Constitution for J&K was framed by the State Constituent Assembly. With the dissolution of the State’s Constituent Assembly on 26 January 1957, the Article 370 also lapsed. Constituent Assembly of J&K was constituted in October 1951 for framing the J&K Constitution.

She further argued that continuation of the temporary provision of Article 370 and continuation of J&K Constitution, which never got the assent/approval of President of India or Parliament or Government of India, even after dissolution of Constituent Assembly of J&K, amounts to fraud on the basic structure of our Constitution as it is against the sovereignty, integrity, unity of the nation, sovereignty of Parliament etc.

Earlier in July 2015 J&K High Court had ruled that the status of Article 370 cannot be altered and in July 2014, Supreme Court of India had dismissed a plea that challenged the special status granted to J&K under Article 370 of the Constitution and asked them to move to the J&K High Court.

Article 370 of the Constitution of India provides special autonomous status to state of Jammu and Kashmir. The article is drafted in Part XXXI of the Constitution, which relates to Temporary, Transitional and Special Provisions.

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