The Union home ministry on Monday sought a report from the Jammu and Kashmir government on the state high court’s order on Article 370 of Constitution, which grants special status to the state.
In a communication, the home ministry sought a copy of the court order from the state government.
“Once the report comes, we will seek opinion of the law ministry on it as a similar kind of petition is pending in the Supreme Court. Though, the petition is yet to come up for hearing in the top court but the home ministry will have to formulate its stand on it,” said a home ministry official, requesting anonymity.
Jammu and Kashmir High Court has ruled that Article 370 has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation.
“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 division bench of justices Hasnain Masoodi and Janak Raj Kotwal ruled in a 60-page judgement.
Sources said the home ministry will have to carefully look into the order as an NGO moved the SC on the same issue.
“The home ministry was not party to the proceedings in the high court, but in the SC it might have to spell out its stand on it,” added the official.