Friday , 24 November 2017
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In Delhi HC, J&K Govt challenges petition challenging Article 370

‘Petition not maintainable, issue already settled by CBJ of SC

Srinagar, Jan 02 (KNS): The state government Monday challenged the petition in the Delhi High Court filed by one Advocate Surjeet Singh that any amendment made to the Article 368 of Indian constitution shall be made applicable to the state of J&K, which enjoys a special status in the Indian union under Article 370.
The Law department of J&K after thoroughly examining the case filed writ petition against the PIL filed in Delhi High Court challenging the non-applicability of any constitution amendment in Jammu and Kashmir without a Presidential order under Article 370 of the Indian Constitution.
Sources told KNS that the J&K government through its counsel appeared in Delhi HC and took an objection that the petition is not maintainable on two accounts. “First, Delhi High Court has no jurisdiction on this matter, and second that the issue has already been settled by the constitutional Bench Judgment of the Supreme Court- two judgments one Lakahnpal and another Sampat Prakash.”
The court prima facie observed that Delhi HC has no jurisdiction to it, to which the counsel for other side responded that judges of the High Court take oath under constitution of J&K.
After hearing both the sides the matter has been listed on January 13 but no notice has been issued. The court, according to sources, said it is not a case where a notice needs to be issued.
Advocate General of J&K, Jahangir Iqbal Ganaie confirmed, saying, the state government through its counsel challenged the petition.
It may be recalled that Delhi High Court had recently challenged the various provisions of Article 370, while hearing a PIL, which challenged the Constitution Order 1954 that adds a proviso to Article 368 of the Indian Constitution.
The proviso to Article 368 (power of Parliament to amend the Constitution and procedure thereof, saying “no such amendment shall have effect in relation to the Jammu and Kashmir unless applied by order of the President under clause (1) of Article 370“.
Article 370 grants special autonomous status to the State and makes it clear that any law, including Constitution amendments, will not be applicable to the State unless applied by an order of the President under this article. (KNS)