J&K’s special status under article 370 of the Indian Constitution cannot be altered: HC

The Jammu and Kashmir (J&K) High Court on 18 July 2015 declared that special status of Jammu and Kashmir under the article 370 of the Indian constitution is not alterable.

The observation was made by the bench comprising Justices M A Attar and A M Magray while ruling that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002  cannot be enforced in the state. It was enacted by Indian Parliament in 2002.

To further substantiate its observation, the court cited previous judgments of the Supreme Court of India related to the article 370 and the article 35 (A) of the Indian Constitution that clarifies the sovereign existence of the state from the legal point of view.

Under the article 370, the state is allowed to have a constitution of its own and freed from enforcement of legislations made by the parliament until it gets ratified by the state legislature.

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