Article 370’s Permanent, Says High Court


Jammu: Jammu and Kashmir high court said that Article 370 has assumed place of permanence in the Constitution, and the feature is beyond amendment, repeal or abrogation.

“Though Article 370 though titled as ‘Temporary Provision’, 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 to repeal,” the bench of JusticeHasnainMasoodi and JusticeJanak Raj Kotwalemphasised.

The court also observed that the President under Article 370 (1) is conferred with power to extend any provision of the Constitution to the state with such “exceptions and modifications” as may be deemed fit subject to consultation or concurrence with the state government.

The court said Jammu and Kashmir, while acceding to Dominion of India, retained limited sovereignty and did not merge with Dominion of India, like other Princely States. “State continues to enjoy special status to the extent of limited sovereignty retained by it.”

The limited sovereignty or special status stands guaranteed under Article 370 – the only provision of the Constitution that applied to the State on its own. The only other Constitutional provision made applicable by Article 370 of the Constitution to the State is Article 1.

“No other provision of the Constitution as provided under Article 370 (1), would be applicable to the State except, by Presidential order in consultation with the State in case the provision is akin to subjects delineated in Instrument of Accession and with concurrence of the State, in case it does not fall within ambit of Instrument of Accession,” the court said.

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