New Delhi: The Supreme Court on Tuesday sought a reply from the Centre and state government on a special leave petition challenging Article 370 that gives special powers to the Jammu & Kashmir.
A bench comprising Chief Justice of India J.S. Khehar and Justices A.K. Goel and D.Y. Chandrachud granted the Centre and J&K four weeks time to file a reply to the plea filed by Kumari Vijayalakshmi Jha, against an order of the Delhi HC refusing to entertain her plea.
The petitioner contended, “As per the J&K’s Constitution, the state is an integral part of India. The only question is whether Article 370, a temporary provision, lapsed after the J&K’s constitutent Assembly dissolved on January 26, 1957.”
The petitioner sought a direction to quash Article 370 as it was inconsistent with the Indian Constitution.
She said the continuance of Article 370 which never got the assent of the President or Parliament or the government of India “amounts to fraud on the basic structure of the Indian Constitution”.
Meanwhile, the court granted four weeks to the Centre and the state government to decide on setting up a minority commission for the Hindus, who are a minority in J&K.
The CJI expressed his displeasure over the affidavit filed by the J&K government to a PIL filed by Ankur Sharma who sought a direction that a state minority commission for J&K be set up through proper legislation.
The CJI said, “The J&K affidavit makes fun of us. It is a disastrous affidavit.”
The J&K government’s counsel said the officials couldn’t get time to coordinate with the Central officials as they were busy conducting Amarnath yatra and maintaining law and order among others.
Tushar Mehta, the additional solicitor general told the court that talks on setting up of a commission were in an advanced stage and a decision would be taken shortly.
The petitioner wanted time-bound identification and notification of religious and linguistic minorities and directed the J&K government to confer benefits available to them after following due procedure.
