New Delhi, Apr 4: The Supreme Court on Tuesday said it is impossible to abrogate Article 370 of the Constitution, conferring special status on Jammu and Kashmir, because it has acquired permanent status through years of existence. The observation came from a bench of Justices Adarsh K Goel and R F Nariman.
The apex court was hearing a petition by Kumari Vijayalakshmi Jha, who sought a declaration that Article 370 was a temporary provision that lapsed with the dissolution of the Jammu and Kashmir Constituent Assembly on January 26, 1957, and the Constitution of J&K was void, inoperative and in breach of the Constitution.
During the hearing, Justice Nariman reportedly pointed out that the SC’s 2017 judgment in State Bank of India vs Santosh Gupta case and said the controversy over Article 370 was settled by the top court, which had ruled that the provision had acquired permanent space in the Constitution and it could no longer be abrogated.
The issue assumes political significance as there is a sharp divergence between the views of BJP, which is the ruling party at the Centre and its partner PDP in Jammu and Kashmir. Additional solicitor general Tushar Mehta said the Centre would study the implication of the 2017 judgment.
Last month, the Ministry of Home Affairs said the Central government was not mulling to scrap Article 370. “There is currently no such proposal under consideration of the government,” read Minister of States for Home Affairs Hansraj Ahir’s reply in the Lok Sabha on the question of scrapping Article 370.
The BJP in its manifesto to 2014 Lok Sabha elections had promised to scrap Article 370.