A bench headed by Chief Justice R M Lodha refused to entertain the PIL which alleged that Article 370 was a temporary provision which was valid only till constituent Assembly ratified the accession of Jammu and Kashmir.
"Declare that Article 370 of the Constitution, a temporary provision, lapsed with the dissolution of J & K Constituent Assembly, which was dissolved on 26th January 1957," advocate Anil Jha, appearing for the petitioner submitted.
"The Constitution of J & K dated 17th Nov 1956/26th Jan 1957, void, in-operative, illegal and ultra vires of the Constitution of India and such provisions of J&K Constitution like Article 144, 6, 7, 8 etc., of the same, which are inconsistent with/in derogation of Indian constitution void, in operative, illegal and ultra vires of the Constitution of India," the petition said.
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