The petition was first filed in Delhi High Court, arguing that the Article 370 impinged upon the fundamental structure of our Constitution, and was against the sovereignty, integrity, unity of the nation.
File image of Farooq Abdullah.
This has kicked up a political storm in Valley.
Article 35-A was extended to J&K through the 'Constitution (Application to Jammu and Kashmir) Order issued by President Rajendra Prasad on May 14, 1954.
Abdullah said that Chief Minister Mehbooba Mufti has made a statement that if Article 35-A is removed, "she will quit the chair". Do not forget when that Amarnath Yatra (land row) thing happened, people rose overnight. Abdullah said that the State Subject Law is for the state's welfare and is equally important for the Jammu and Kashmir's three regions.
Abdullah called the Centre's position a BJP-RSS conspiracy to erode the state's special status for demographic change.
NC president said all the parties have chose to resist any move to abrogate Article 35A.
Senior advocate and constitutional expert, Zafar Shah, told Firstpost that, although, there is a stronger case for Jammu and Kashmir it also needs Government of India's support. "The state government has to be extremely cautious and ensure that best possible defence is projected before the court", he said. "That is the reason situation has become so grave today", Shah said in an interview with Firstpost.
In 2017, the state government filed its response and sought dismissal of the petition.
It was devised to grant protection to state subject laws that had already been defined under the Maharaja's rule and notified in 1927 and 1932.
"Who is behind this litigation?" "The BJP and RSS are working overtime to attack the autonomous nature of our state". They must leave no stone unturned to defend this provision. "We will put it up vociferously before the people", he said.
"At the same time, those in power must explore the possibility of persuading the central government to defend it. And the defense would mean, apart from engaging the lawyers for defending in the courts, they must also persuade New Delhi (BJP) to ask its workers to withdraw the petition", he added. Chaired by NC president Dr Farooq Abdullah, the Opposition vowed to resist any move and threatened of agitation much bigger than 2008 Amarnath land row in case the Article is scrapped.