Jammu-Kashmir HC Rules Article 370 Is Beyond Amendment

12/10/2015 9:29 AM IST | Updated 15/07/2016 8:25 AM IST
SAJJAD HUSSAIN via Getty Images
SRINAGAR, INDIA: An Indian Kashmiri woman displays a placard reading 'We will preserve article 370 at all costs' during a march by some three dozen women in Srinagar, 10 March 2004, showing solidarity with the ruling party in Indian Kashmir for proposing a new law for women. Additional companies of security forces have been deployed in the winter capital and other towns of the Jammu region on the eve of call for general strike given by Hindu run organisation,including the Bharatiya Jnanata Party ,the Vishawa Hindu Parishad (World Hindu Forum) and the Shiv Sena,in protest against the adoption of the permanent resident disqualification bill which would divest women of their residency rights should they marry men from outside the state. AFP PHOTO/Sajjad HUSSAIN (Photo credit should read SAJJAD HUSSAIN/AFP/Getty Images)

SRINAGAR -- The Jammu and Kashmir High Court ruled that Article 370, granting special status to the state, has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation.

The Court also said that Article 35A gives protection to existing laws in force in the State.

A division bench of justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement that Article 370 though titled as 'Temporary Provision' and included in Para XXI titled 'Temporary, Transitional and Special Provisions' has assumed place of permanence in the Constitution.

The Court said that Jammu and Kashmir, while acceding to Dominion of India, retained limited sovereignty and did not merge with Dominion of India, like other Princely States.

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