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Home Law Supreme Court declines fresh plea demanding abrogation of Article 370

Supreme Court declines fresh plea demanding abrogation of Article 370

The petitioners Vijay Mishra and Sandip Lamba argued that existence of Article 370 in our constitution is in violation of the sanctity of our constitution.

A Supreme Court bench, headed by Chief Justice Ranjan Gogoi and Justice Ajay Rastogi, has on Monday refused to hear the petition which challenged the existence of article 370 for the Indian state of Jammu and Kashmir.

The petitioners Vijay Mishra and Sandip Lamba argued that existence of Article 370 in our constitution is in violation of the sanctity of our constitution. As per reports, the bench also reportedly asked the petitioners why do they want to increase the number of petitions on the issue.

In the past too, petitions have been submitted in Supreme court and High Court of Jammu and Kashmir over article 370. The petitioners state the contradiction of Article 1 with Article 370 as the main point of argument. Article 1 says that India is a union of states. It also implies that it is at the privilege of the Indian state to form States and alter its areas, boundaries, and its names. Article 370 however, limits the power of the Constitution with respect to J&K.

The petition also said Article 370 was arbitrary and contrary to the fundamental rights like equality before the law under article 14. Petitioners declared article 370 to be against Suprema Lex or welfare of the people.

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Petitioners alleged that vote-bank politics of our political parties has prevented the abrogation of the article.  They also claimed that provision of 370, when introduced in the constitution was meant to be temporary, and it should have been declared null and void after the dissolution of the constituent assembly of J&K in 1954. They also said, Article 370 has not obtained the assent of President, and hence illegal. They had furthered that the instrument of accession on 26 October 1947 did not mention a separate constitution for the state.

Another PIL by Kumari Vijayalakshmi Jha, last year, had demanded to treat Hindus as a minority in J&K. It questioned the exemption of J&K from Minority Act.

Supreme Court urged petitioners Vijay Mishra and Sandip Lamba, to file an application for impleadment in the pending petition. Judges said, there is already a multitude of petitions pending, challenging Article 370.

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