Srinagar: The Supreme Court of India and Delhi High Court on Monday are likely to hear petitions concerning special status of Jammu and Kashmir.
While Apex Court will hear petition against Article 370 of Indian constitution that gives special status to J&K, Delhi High Court is likely to hear the plea, challenging the 1954 Presidential Order that prevents applicability of any amendment in the Constitution to the state.
On last date of hearing on October 13, no one from state government appeared before the apex court despite notice.
The petitioner, Kumari Vijayalakshmi Jha, has challenged the April 11 order of the Delhi High Court rejecting her plea, underling nothing survives in it as the apex court has already dismissed a similar prayer on the issue.
“As per the judgment of the Supreme Court, though as per marginal note Article 370 is a temporary provision, it will, however, continue to remain in force until the specified event in clause of the 370 Article takes place. It also noted that the Article remains in current usage. In view of the authoritative pronouncement (by the SC) it is clear that the submission of the petitioner has no merits,” the Delhi High Court had said.
It had also declared that pleas raised by Jha stand fully rebutted by the Apex Court in a recent judgment in State Bank of India vs. Santosh Gupta and Another (2017)— on application of SARFAESI Act.
“The Supreme Court in paragraphs 14 and 15 held that the first thing that is noticed in Article 370 is that the marginal note states that it is a temporary provision with respect to the State of Jammu & Kashmir. However, unlike Article 369, which is also a temporary provision limited in point of time to five years from the commencement of this Constitution, no such limit is to be found in Article 370. Despite the fact that it is, therefore, stated to be temporary in nature, sub-clause (3) of Article 370 makes it clear that this Article shall cease to be operative only from such date as the President may by public notification declare. And this cannot be done under the proviso to Article 370 (3) unless there is a recommendation of the Constituent Assembly of the State so to do,” the apex court had said.
On previous hearing, the Delhi high court had directed Surjeet Singh, the petitioner, to file written submissions on the maintainability of the petition by November 20.
The petitioner has challenged the 1954 Order that adds a proviso to Article 368 of the Constitution. The added proviso says: “no such amendment shall have effect in relation to the State of Jammu and Kashmir unless applied by order of the President under Clause (1) of Article 370.”
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