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The Supreme Court today said it would consider the plea seeking urgent hearing of a PIL challenging the Constitutional validity of Article 370 which grants special status to Jammu and Kashmir and limits Parliament’s power to make laws for the State.

A bench comprising Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose took note of the submission of BJP leader and lawyer Ashwini Upadhyay that his PIL be listed for an urgent hearing.
“File a memo. We will see,” the bench said.

On February 18 this year as well, he had mentioned the PIL for urgent listing for the hearing.

Upadhyay, in his plea which was filed in September last year, has contended that the special provision was “temporary” in nature at the time of framing of the Constitution and Article 370(3) lapsed with the dissolution of the Jammu and Kashmir Constituent Assembly on January 26, 1957.

The plea also seeks a declaration from the Apex Court that the separate Constitution of Jammu and Kashmir was “arbitrary” and “unconstitutional” on various grounds, including that it was against the “supremacy of the Constitution of India and contrary to dictum of ‘One Nation, One Constitution, One National Anthem and One National Flag’”.

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