New Delhi: Home Ministry on Monday sought a report from the Jammu and Kashmir government on the state High Court’s order that Article 370, which grants special status to the state, is beyond amendment, repeal or abrogation.In a communication, the Home Ministry sought a copy of the Jammu and Kashmir High Court order from the state government as early as possible, explaining the grounds in which the order was issued, official sources said. The state law department is expected to forward the copy of the High Court ruling to the central government.
Jammu and Kashmir High Court has ruled that Article 370, has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation. The Court also said that Article 35A gives “protection” to existing laws in force in the State. “Article 370 though titled as ‘Temporary Provision’ and included in Para XXI titled ‘Temporary, Transitional and Special Provisions’ has assumed place of permanence in the Constitution,” a division bench of justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement.
“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 repeal,” the bench ruled. The BJP has been demanding for long repeal of Article 370.