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The Supreme Court on Monday agreed to consider an urgent hearing of a PIL challenging the constitutional validity of Article 370 of the Constitution, which grants special status to Jammu and Kashmir and also restrains the Parliament’s role in making laws for the state.

A petition was filed by lawyer and BJP leader Ashwini Upadhyay before a bench headed by Chief Justice Ranjan Gogoi. Upadhyay submitted that his plea was of extreme national importance and it should be heard urgently. The CJI said, “Give the mentioning memo to the Registrar. We will see it.”

The plea said, “The Constitution of Jammu and 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 contends that Article 370 is a temporary provision with respect to Jammu and Kashmir and restricts the applicability of various provisions of the Constitution by limiting the power of Parliament. Advocate R D Upadhyay, who filed the plea, said that Article 370 empowered the state legislature to frame any law without being challenged, especially, on the grounds of violation of the right to equality of people from other states or any other right under the Constitution.  The plea is soon expected to come up for hearing next week.

—India Legal Bureau

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