A Bench comprising Chief Justice of India JS Khehar, and Justices AK Goel and DY Chandrachud sought the Centre's stand on whether Article 370 lapsed with the dissolution of the Constituent Assembly in 1957.
The Supreme Court (SC) on Tuesday issued a notice to the Centre with regard to an appeal challenging a Delhi High Court (HC) judgment pertaining to the validity of Article 370, which grants special autonomous status to Jammu and Kashmir.
A Bench comprising Chief Justice of India JS Khehar, and Justices AK Goel and DY Chandrachud sought the Centre's stand on whether Article 370 lapsed with the dissolution of the Constituent Assembly in 1957.
The top court has granted the Centre four weeks to reply to this petition filed by Kumari Vijaylakshmi Jha. She had earlier filed this plea in the Delhi High Court (HC).
Jha contended that Article 370 was a temporary provision that lapsed with the dissolution of the state's Constituent Assembly in 1957. The HC had then dismissed the plea. The judgment has now been challenged in the top court.
Jha maintained that the "impugned" Article 370 impinged upon the basic structure of the Constitution, and was against the sovereignty, integrity, and unity of the nation.
Incidentally, this is the fourth petition in the top court challenging the validity and the continuation of the Article. The Apex Court is also hearing a petition challenging Article 35A, which empowers the state legislature of J&K to define "permanent residents" of the state and provide them with special rights and privileges. Under the Article concerned, Indians, except the original inhabitants of the state, are barred from acquiring immovable property anywhere in the state or settling in the state, obtaining jobs under the state government, and availing state-sponsored scholarships.
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