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.
