Article 370 is permanent

The Jammu and Kashmir HC has 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 HC said Article 35A gives “protection“ to existing laws in force in the state. “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,“ a bench of Justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgment.
“It is beyond amendment, repeal or abrogation, in as much as Constituent Assembly of the state before its dissolution did not recommend its amendment or repeal,“ the bench added. The high court also observed that the President under Article 370 (1) is conferred with the power to extend any provision of the Constitution to the state with such “exceptions and modifications“ as may be deemed fit subject to consultation or concurrence with the state government.
The HC said Jammu and Kashmir, while acceding to Dominion of India, retained limited sovereignty and did not merge with Dominion of India, like other Princely States. “State continues to enjoy special status to the extent of limited sovereignty retained by it,“ the court said.

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