Supreme Court of India has ruled that only Parliament can take a call on scrapping Article 370, thus turning down a plea challenging the provision giving special status to Jammu and Kashmir, reports said.

A bench led by Chief Justice HL Dattu refused to entertain a PIL filed by the petitioner BP Yadav in this regard.

“Will it be done by the court or by Parliament? Can we ask Parliament to delete a provision from the Constitution? It is not for this court to do so,” the bench is reported to have observed.

 “We can strike down a provision if it is unconstitutional but we cannot be asking Parliament to remove a provision. It has to be done by them (Parliament),” it said.

Earlier, the J&K High Court had observed that Article 370 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 “It cannot be abrogated, repealed or even amended as mechanism provided under Clause (3) of Article 370 is no more available,” the court observed in its judgment on a case challenging the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.


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