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A PIL, challenging Article 370 of the Constitution, has been filed by advocate and BJP leader Ashwini Upadhyay before the Supreme Court. Article 370, which grants special status to the state of Jammu and Kashmir, was challenged on the ground that it lapsed with the dissolution of the Constituent Assembly in 1957, while also contending that the Constitution of the state should be declared unconstitutional as it is against the supremacy of the Constitution of India and contrary to the dictum of ‘One Nation One Constitution One National Flag and One National Anthem.’Upadhyay also prayed that as Article 370(3) lapsed with the dissolution of J&K Constituent Assembly, on 26.01.1957, it should be restricted to being directory only and should not be treated as mandatory for the exercise of powers of the President of India. He also challenged the Articles 6, 7, 8 and 144 of the Constitution of Jammu & Kashmir for being arbitrary and contrary to the fundamental rights, guaranteed to us by the Constitution of India. Additionally, the Constitution of Jammu & Kashmir should be declared unconstitutional mainly for the reason that the same has not yet got the assent of the Hon’ble President, which is binding as per provisions of the Constitution of India.
Through the petition, Upadhyay raises these seven questions:
Whether even after ratification of the J&K accession unconditionally, in 1954, by the Constituent Assembly, the same could further proceed to frame a separate Constitution?
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