SC agrees to hear challenge for removal of Article 370 on April 2

On Jan 14, The Supreme Court accepted the appeal to remove Article 370 relating to Jammu and Kashmir. The Bench headed by Chief Justice Ranjan Gagoi decided that its hearing will be done only on April 2 with the case filed by Vijayalakshmi Jha, Which is related to this issue. In fact, BJP leader and lawyer Ashwani Upadhyay filed a PIL file in September 2018 to remove Article 370 in the Supreme Court.

BJP leader Ashwani Upadhyay

Upadhyay’s PIL challenges Article 370 of the Constitution, which gives special status to Jammu and Kashmir. The petition also seeks to declare the separate constitution of J&K void. According to the PIL, Article 370 is a temporary provision which lapsed automatically either in February 1954, when the state ratified the accession, or maximum in 1957 when the Constituent Assembly of J&K was dissolved.

Ashwani Upadhyay also urged the court to declare that “the Constitution of Jammu & Kashmir is against the supremacy of the Constitution of India and contrary to the dictum of ‘One Nation One Constitution One National Anthem and One National Flag'”.

Upadhyay also challenged 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 of India.

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