NEW DELHI: A PIL has been filed in the Supreme Court challenging constitutional validity of Article 370 of the Indian Constitution, which limits the right of Parliament and grants special status to the state of Jammu and Kashmir.
The PIL filled by BJP leader and advocate Ashish Kumar Upadhyay been said that special constitutional provisions was ‘Temporary’ and Article 370 (3) had ended when the Constituent Assembly was dissolved on January 26, 1957, with the dissolution of the Jammu and Kashmir Constituent Assembly.
Upadhyay has requested the Supreme Court to declare separate constitution of Jammu and Kashmir as ‘arbitrary’ and ‘unconstitutional’. on grounds, including that it was against the “supremacy of the Constitution of India.
The petition filed through Advocate RD Upadhyay has claimed that the maximum life of Article 370 was to the existence of the Constituent Assembly, which was held till January 26, 1950, with the adoption of the Constitution.
According to the petition, it gives state special privileges and facilities to its residents.