New Delhi, Dec 15: The CPI(M) has filed an intervention plea in the pending Special Leave Petition in the Supreme Court challenging the constitutional validity of Article 370 of the Constitution, which grants special status to Jammu and Kashmir.
The intervention plea is filed through advocate-on-record Resmitha R Chandran. Senior advocate P V Surendranath will argue the matter in the apex court for the party.
“The party is of the unequivocal opinion that Article 370 shall in no circumstance be annulled, modified or repealed. The party opposes the relief sought in the Special Leave Petition,” CPI(M) leader and MLA Kulgam M Y Tarigami said in a statement.
“The special status guaranteed to the State of Jammu Kashmir under the Constitution of India which has assumed the permanent feature of the Constitution requires protection as any alteration would be against the policy of federalism envisaged by the framers of the Constitution,” he said.
Jammu and Kashmir acceded to India in unique circumstances and it poses a unique problem which requires a unique solution, he said.
It was the only state to declare its intention to have its own Constitution drafted by its own Constituent Assembly as far back as March 05, 1948, he said.
“Federalism is a basic feature and part of basic structure of the Constitution. To promote fraternity among all the citizens, assuring the dignity of the individual and the unity and integrity of the nation is our constitutional motto as declared in the preamble of our Constitution,” he said.
Tarigami said the relative autonomy of states on federal principle was a pre-condition for preserving and developing unity and integrity of the nation.
“Federalism also presupposes acknowledgment of historical realities and special nature and objective factors with respect to deferent states and their population,” he said.
Article 370 grants special status to Jammu and Kashmir while Article 35-A empowers the State Legislature to define permanent citizens.
The next date for hearing on Article 370 is scheduled on January 19.
