M A I N   N E W S

SC rejects PIL against J-K’s special status
Legal Correspondent

New Delhi, July 11
The Supreme Court today refused to entertain a PIL questioning the validity of Article 370 of the Constitution under which Jammu and Kashmir enjoys a special autonomous status.

A three-member Bench headed by Chief Justice RM Lodha observed that the special status could not be challenged after the lapse of several decades since its inception. Justices PC Ghose and RF Nariman were the other judges on the Bench.

The petitioner, Vijayalakshmi Jha, had contended that Article 370 was a temporary provision and as such had lapsed following the dissolution of the Constituent Assembly of Jammu and Kashmir on January 26, 1957.

The PIL had sought a directive to the Centre to declare that the Constitution of J-K was “void, inoperative, illegal and ultra vires the Constitution.” It also pleaded for quashing of the 1952 “Delhi Agreement.” Even if one were to assume that Article 370 was still operative, the second proviso of clause 3 of the article had no relevance in the absence of the Constituent Assembly. The instrument of accession signed on October 26, 1947 did not talk about the Constituent Assembly or a separate Constitution meant for Jammu and Kashmir, the petitioner had pleaded.