Jammu and Kashmir High Court has ruled that Article 370, granting special status to the state, has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation. <br/><br/>The Court also said that Article 35A gives protection to existing laws in force in the State. <br/><br/>A division bench of justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement that Article 370 though titled as 'Temporary Provision' and included in Para XXI titled 'Temporary, Transitional and Special Provisions' has assumed place of permanence in the Constitution. <br/><br/>The bench said, the Article is beyond amendment, repeal or abrogation, in as much as Constituent Assembly of the State before its dissolution did not recommend its Amendment or repeal. <br/><br/>The Court said Jammu and Kashmir, while acceding to Dominion of India, retained limited sovereignty and did not<br/>merge with Dominion of India, like other Princely States. <br/><br/>It said, the state continues to enjoy special status to the extent of limited sovereignty retained by it.
News On AIR | October 12, 2015 11:54 AM
J&K HC rules Article 370, granting special status to State, assumes permanent place in Constitution