The Delhi High Court on Monday (28 September, 2015) posted for October 19 a petition challenging the constitutional validity of the Constitution’s Article 370 that gives special status to Jammu and Kashmir.
A division bench of Chief Justice G. Rohini and Justice Jayant Nath agreed to hear the public interest litigation (PIL) by Kumari Vijayalakshmi Jha, who contended that article 370 was a temporary provision that lapsed with the dissolution of the state’s constituent assembly in 1957.
Jha said that a question before the high court for its consideration was whether the temporary provision lapsed automatically with the dissolution of the Constituent Assembly of Jammu and Kashmir on January 26, 1957.
Another query the court was asked to address was whether the state’s constitution, which came into force November 17, 1956/January 26, 1957 was valid as some of its provisions were inconsistent with the provisions of the Indian constitution.
