High Court of Jammu and Kashmir

Ashok Kumar and Ors v. State of J&K and Ors

09.10.2015

Constitution

“Article 370 only provision of Constitution that applies to [J&K] on its own”

In a petition against the accelerated promotion of government servants in Jammu and Kashmir, under the auspices of reservation, the Jammu and Kashmir High Court narrated the birth of the State’s unique legal status, as compared to the rest of the country. Reiterating that “Article 370 of the Constitution embodies conceptual framework of relationship between Union of India and State”, it pointed out that Article 370 was the only provision in the Constitution that applied to the State itself, with even Article 1 made applicable by it. Terming it a permanent provision, notwithstanding its actual title, the Court added “[Article 370] cannot be abrogated, repealed or even amended”. In its obiter, the Court also allowed petitions against promotion of junior government servants over their more senior colleagues on the basis of reservation as the provisions relating to such appointments had not been extended to the State of Jammu and Kashmir by the President.

As thorny as it looks

Tags : Article 370 constitution jammu and Kashmir status

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