The Supreme Court on Tuesday said that Article 370 of the Constitution which gives special status to Jammu and Kashmir is not a temporary provision.
SC said in its earlier verdict of 2017 in the SARFESI case, it has been already held that Art 370 was “not a temporary provision”.
“The issue concerned is covered by its judgement in the 2017 SARFAESI matter, where we have held that despite the headnote of Article 370, it is not a temporary provision,” a bench of justices A K Goel and R F Nariman said.
Additional Solicitor General Tushar said the matter be heard after some time as similar matters are pending before the court
Senior advocate Rajeev Dhavan and advocate Shoeb Alam appearing for J&K government clarified that other pending matters before SC relates to Art 35 A and not Art 370
The top court was hearing an appeal filed by petitioner Kumari Vijayalakshmi Jha, against the Delhi high court’s April 11, 2017.
Delhi HC had dismissed the plea seeking a declaration that Article 370 is temporary in nature.
The petitioner had claimed before the high court that Article 370 was a temporary provision that had lapsed with the dissolution of the Constituent Assembly in 1957.
The SC had said since the Constituent Assembly of the state ceased to exist, the President would not be able to fulfil the mandatory provision of getting its recommendation for its abrogation
