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February 19, 2019 | PTI

SC to consider plea for urgent hearing of PIL against Art 370

: The Supreme Court Monday said it would look into the plea seeking urgent hearing of a PIL challenging the constitutional validity of Article 370 of the Constitution, which grants special status to Jammu and Kashmir and limits Parliament's power to make laws for the state.
A bench headed by Chief Justice RanjanGogoi took note of the submission of lawyer and BJP leader AshwiniUpadhyay that his plea was of "extreme national importance" and needed to be listed for urgent hearing.
"Give the mentioning memo to the Registrar. We will see it," the bench, which also comprised Justice SanjivKhanna, said.
Upadhyay, in his plea which was filed in September last year, has contended that the special provision was "temporary" in nature at the time of framing of the Constitution and Article 370(3) lapsed with the dissolution of the Jammu and Kashmir Constituent Assembly on January 26, 1957.
The plea also seeks a declaration from the apex court that the separate Constitution of Jammu and Kashmir was "arbitrary" and "unconstitutional" on various grounds, including that it was against the "supremacy of the Constitution of India and contrary to dictum of 'One Nation, One Constitution, One National Anthem and One National Flag'".
“"The Constitution of Jammu and 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," claimed the plea, which may come up for hearing next week, said.
Article 370 of Indian constitution grants special status to Jammu and Kashmir.

 

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February 19, 2019 | PTI

SC to consider plea for urgent hearing of PIL against Art 370

              

: The Supreme Court Monday said it would look into the plea seeking urgent hearing of a PIL challenging the constitutional validity of Article 370 of the Constitution, which grants special status to Jammu and Kashmir and limits Parliament's power to make laws for the state.
A bench headed by Chief Justice RanjanGogoi took note of the submission of lawyer and BJP leader AshwiniUpadhyay that his plea was of "extreme national importance" and needed to be listed for urgent hearing.
"Give the mentioning memo to the Registrar. We will see it," the bench, which also comprised Justice SanjivKhanna, said.
Upadhyay, in his plea which was filed in September last year, has contended that the special provision was "temporary" in nature at the time of framing of the Constitution and Article 370(3) lapsed with the dissolution of the Jammu and Kashmir Constituent Assembly on January 26, 1957.
The plea also seeks a declaration from the apex court that the separate Constitution of Jammu and Kashmir was "arbitrary" and "unconstitutional" on various grounds, including that it was against the "supremacy of the Constitution of India and contrary to dictum of 'One Nation, One Constitution, One National Anthem and One National Flag'".
“"The Constitution of Jammu and 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," claimed the plea, which may come up for hearing next week, said.
Article 370 of Indian constitution grants special status to Jammu and Kashmir.

 

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