Supreme Court hearing on Article 370 abrogation | Day 5

The Chief Justice of India (CJI) D.Y. Chandrachud while heading a Constitution Bench observed on August 10 that the sovereignty of Jammu and Kashmir (J&K) was ceded completely to the Union of India after its accession and that fetters on the powers of the Parliament to legislate on certain subjects do not affect the Union’s sovereignty over J&K.

The Bench is hearing a series of petitions challenging the President’s abrogation of Article 370 from the Indian Constitution.

Senior advocate Zaffar Shah appearing on behalf of the J&K Bar Association submitted before the Bench that modifications carved out in the application of laws in relation to J&K show that the State has always enjoyed ‘constitutional autonomy’.

Mr. Shah also said that the Governor of J&k had committed ‘serious constitutional misconduct’ by recommending the abrogation of Article 370 to the President which resulted in the promulgation of the Presidential Order [C.O. 272].

Earlier, the court had enquired why the Union of India, the Legislative Assembly of Jammu and Kashmir, or the political establishment in the rest of the country had never bothered to bring the Constitution of J&K “expressly” within the fold of the Constitution of India. It also noted that the J&K Constitution had, over the years, limited the executive powers of the Union of India and restricted the legislative reach of the Parliament.

Also Read | OPINION | Understanding Article 370

The Constitution Bench on August 3 had asked whether Article 370, which gave special status to Jammu and Kashmir, is being equated to the Basic Structure of the Constitution.