HC said Article 370 has assumed a permanent place in Constitution and the feature is beyond amendment
The Ministry of Home Affairs has sought a report from
the Jammu and Kashmir government on the State High Court’s order that
Article 370, which grants special status to the State, is beyond
amendment, repeal or abrogation.
In a communication,
the Home Ministry sought a copy of the High Court order from the State
government as early as possible, explaining the grounds on which the
order was issued, a Home Ministry official said.
The State Law Department is expected to forward a copy of the High Court ruling to the Central government.
The
High Court had ruled that Article 370 has assumed place of permanence
in the Constitution and the feature is beyond amendment, repeal or
abrogation.
The court also said that Article 35A
gives “protection” to existing laws in force in the State. “Article 370
though titled as ‘Temporary Provision’ and included in Para XXI titled
‘Temporary, Transitional and Special Provisions,’ has assumed place of
permanence in the Constitution,” a Division Bench of justices Hasnain
Masoodi and Janak Raj Kotwal ruled in a 60-page judgment.
“It
is beyond amendment, repeal or abrogation, in as much as Constituent
Assembly of the State before its dissolution did not recommend its
Amendment or repeal,” the Bench ruled. The BJP has been demanding for
long repeal of Article 370.
Sources: The Hindu
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