New Delhi: BJP leader and advocate Ashwini Kumar Upadhyay has moved the Supreme Court for a direction to declare that Article 370 of the Constitution giving protection to Jammu and Kashmir is invalid, illegal and inoperative as it was intended only to be a temporary provision.
The petitioner also questioned the validity of Articles 6, 7, 8 and 144 of the Constitution of Jammu & Kashmir for being arbitrary and contrary to the fundamental rights — equality before Law, equal protection of law, equal opportunity in public employment, right to establish educational institution, right to trade /business, right to own property, right to know etc. guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution.
He said from the perusal of Article 370 as a whole i.e., Clauses 1, 2 and 3, it becomes clear that the said provision was valid only till constituent Assembly, ratified the instrument of accession and/or in alternative till framing the Constitution of Jammu & Kashmir, inconformity with/in consonance with Indian Constitution, with approval of the President.
The Constitution of Jammu & Kashmir is invalid mainly for the reason that the same has not yet got the assent of the President, which is mandatory as per provisions of the Constitution of India, the plea said.
