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India: Political question likely to take judicial route as SCI to take up pleas against Art. 370 status in J&K

August 19, 2014 | By

New Delhi, India (August 19, 2014): The Bhartiya Janta Party (BJP) has been opposing implementation of Article 370 in the state of Jammu and Kashmir, which grants “Special status” to the state. It’s a vital political question concerning the Indian politics concerning the issue of Kashmir.

Revocation of Article 370 has been a long-standing demand of the Hindutva groups in the country, including some affiliated to the ruling BJP.

In its election manifesto for the Lok Sabha polls, the BJP had said it is in favour of abrogating Article 370, but said the issue will be discussed with all stakeholders before a decision is made.

Though the Narendra Modi government has not yet taken any position on Article 370, a remark made shortly after coming to power by Minister of State in the PMO, Jitendra Singh, on the Centre being open to debate on the contentious provision, had evoked sharp responses.

Jammu and Kashmir Chief Minister Omar Abdullah had warned that any attempt to reopen the debate on Article 370 would force the state to revisit its terms of accession to the India. He termed Article 370 as the only link of Kashmir with Indian state.

But in coming days the this political issue may take judicial route as according to recent media reports the Supreme Court of India on August 19 took up a plea challenging implimentation of Article 370 to the state of Jammu and Kashmir. The SCI has reportedly issued a notice to the government of India on a petition challenging the provisions of Article 370, which provides special status to Jammu and Kashmir.

The plea, filed by a Delhi-based NGO, asks why a law passed by the J&K Assembly “deprives people from other parts of the country from acquiring immovable assets or seek employment in the state.”

The plea also questions the “inability to challenge any law made by the Jammu and Kashmir Assembly” even if it was allegedly “unconstitutional”.


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