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The Supreme Court, on August 8, 2017, issued a notice to the Centre, demanding a reply regarding the special status of the states of Jammu and Kashmir.
The validity of Article 370 of the Constitution of India was challenged by Ms. Kumari Vijayalakshmi Jha, on the grounds that the Article, which was meant to be temporary, has taken a permanent position in the statute, thereby amounting to fraud on the basic structure of the Constitution.
The Petitioner has stated that this failure of the Government, to repeal the respective Article, proves to be against the sovereignty, integrity and unity of the country.
In reference to this, the Bench headed by Mr. Justice JS Khehar, Mr. Justice AR Goel and Mr. Justice DY Chandrachud, have served the Centre with a notice challenging the validity of the same and asking the Government to either “declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications”.
This Petition is a continuation of another petition, which was dismissed by the Hon’ble Supreme Court in the year of 2014.