Lawstreet Journal

Nikhil Upadhyay, Son of PIL Man of India, Files Impleadment Application In Article 370 Matter In SC

Lawstreet Journal 9 Jun 2022 4:34pm

Image courtesy: Lawstreet Journal Judiciary Nikhil Upadhyay, Son of PIL Man of India, Files Impleadment Application In Article 370 Matter In SC

Nikhil Upadhyay, the son of the renowned PIL man of India, Adv. Ashwini Upadhyay, has filed an application in the Hon'ble Supreme Court in the Article 370 case. 5th semester law student Nikhil has filed an intervention petition requesting the court to hear his arguments. The application has been filed through Advocate-on-Record Ashwani Kumar Dubey on behalf of the applicant. (Radha Kumar & Others vs Union of India & Another)

The applicant (Nikhil Upadhyay) is sincerely and seriously interested in the unity and national integrity and firmly believes that J&K is an integral part of India. He believes that Article 370 was intended to be a temporary, transitional and special provision and was not meant to be permanent. In fact, Article 370 contains within itself the mechanism of its erosion. It provides the route for the full and complete integration of J&K with India and its own redundance.

Here is the name of the judgement which has been cited in this petition - P.N. Kaul (AIR 1959 SC 749), R. Sampad Prakash [(1969) 2 SCR 365]; P. Lakhan Pal [(1962) 1 SCR 688] and SBI Vs. Santosh Gupta (2017) 2 SCC 538.

Applicant respectfully submits that,

● All the instruments of accessions were executed qua India under the India (Provisional Constitution) Order, 1947 which was issued as per Section 8 of the Indian Independence Act, 1947 read with the Government of India Act, 1935. These Instruments enable the execution of an Instrument of Accession by the Ruler of an… Continue Reading...

Tagged: Ashwini Upadhyay   Article 370   Nikhil Upadhyay   Articles 369   Article 238   Supreme Court of India   Articles 371   Delhi Agreement 1952   Radha Kumar & Others   Constitution of India  
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