Excelsior Correspondent
JAMMU, Mar 2: Supreme Court today agreed to hear the Public Interest Litigation (PIL) challenging Article 370 of the Constitution of India on April 2.
The PIL has been filed by BJP leader and lawyer Ashwini Upadhyay challenging Article 370, which grants special status to Jammu and Kashmir, on various grounds.
The Chief Justice of India-led bench tagged the PIL with another similar case filed by Vijayalakshmi Jha, which stands posted on April 2.
In the PIL, BJP leader has submitted that Article 370 had lapsed with the dissolution of the Constituent Assembly in the year 1957. “Article 370 is a temporary provision which lapsed automatically either in February 1954, when the State ratified the accession or maximum in 1957 when the Constituent Assembly of J&K was dissolved”, the PIL said.
The petitioner has also urged the Supreme Court to declare that “the Constitution of Jammu & Kashmir is against the supremacy of the Constitution of India and contrary to the dictum of One Nation One Constitution One National Anthem and One National Flag”.
He has also challenged Articles 6, 7, 8 and 144 of the Constitution of Jammu & Kashmir for being arbitrary and contrary to the fundamental rights-equality before law, equal protection of law, equal opportunity in public employment, right to establish educational institution, right to trade /business, right to own property, right to know etc guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution of India.
“The Constitution of Jammu & Kashmir is invalid mainly for the reason that the same has not yet got the assent of the President, which is mandatory as per provisions of the Constitution of India,” added Upadhyay.
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