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BJP-PDP set to witness more fireworks over fresh debate on Article 370 PIL filed in Delhi HC 9/28/2015 11:25:46 PM Early Times Report Jammu/Delhi, Sept 28: Ahead of Dussehra celebrations, more fireworks are expected between the alliance partners BJP and PDP, as the Delhi High Court Monday agreed to hear a PIL challenging the constitutional validity of Article 370 that gives special status to J&K. The coalition government partners, already facing the heat from different quarters, may once again struggle to come out of the mess as together they may face a piquant situation owing to their stated positions on the contentious subject of Article 370 A bench of Chief Justice G Rohini and Justice Jayant Nath posted for October 19 the hearing on a plea by a 22-year-old girl who contended that Article 370 was a temporary provision that had lapsed with the dissolution of the state's Constituent Assembly in 1957. The petitioner, Kumari Vijayalakshmi Jha, said a question before the court for its consideration was whether temporary provision lapsed automatically with the dissolution of the Constituent Assembly of J&K on January 26, 1957. "From perusal of Article 370, it becomes clear that the said provision of Article 370 was valid till Constituent Assembly constituted for framing the Constitution of J&K exited/continued," the petitioner said. It said that "continuance of temporary provision of Article 370, even after dissolution of Constituent Assembly of J&K, continuance of J&K Constitution which has never got the assent/approval of President of India/Parliament/Government of India, regarding the matter like citizenship, which is in exclusive jurisdiction of Parliament, amounts fraud on the basic structure of our Constitution… (as it is) against the sovereignty, integrity, unity of the nation, sovereignty of Parliament etc.". Earlier in July 2014, the Supreme Court had dismissed the plea challenging special status granted to J&K under Article 370 of the Constitution and asked them to move the high court.   Share This News with Your Friends on Social Network     Comment on this Story

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