Alludes to Supreme Court rejecting similar plea 3 years ago
The Delhi High Court today dismissed a public interest litigation (PIL) against the validity of Article 370 of the Constitution under which Jammu and Kashmir enjoys special autonomous status. A Bench comprising Chief Justice G Rohini and Justice Jayant Nath said it was dismissing the PIL as the Supreme Court had already rejected a similar plea.
On July 11, 2014, the apex court had refused to entertain a PIL questioning the validity of Article 370. A three-member Bench headed by then 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 Jammu and Kashmir 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 and in force, the second proviso of clause 3 of the Article had no relevance in the absence of the Constituent Assembly.”
Further, the Instrument of Accession signed on October 26, 1947, did not talk even remotely about the Constituent Assembly or a separate Constitution meant for Jammu and Kashmir, the petitioner had pleaded.
She also noted that the state’s constitution had never been notified by the President or the Centre, nor had it been ratified by Parliament. The PIL clarified that the petitioner was not questioning or challenging the Instrument of Accession and as such Article 363 was not applicable in the matter.
The top court however permitted her to approach a high court to agitate the issue following which she moved the Delhi High Court.
