In a landmark judgment, J-K High Court has observed that the Article 370 is a “permanent” provision of the Constitution and that it can’t be “abrogated, repealed or even amended”. The court has also described Article 35 A as one “giving protection to existing laws”. “(The) Article 370, notwithstanding its title ‘temporary provision’ is a permanent provision of the Constitution. It cannot be abrogated, repealed or even amended as mechanism provided under Clause (3) of Article 370 is no more available,” the court observed in its judgment on a case challenging the reservation benefit in promotions to the employees.
“The Constituent Assembly (of 1957) is conferred power to recommend to the President that Article 370 be declared to cease to be operative or operate only with the exceptions and modifications. (However) the Constituent Assembly did not make such a recommendation before its dissolution on January 25th, 1957,” observed a division bench.