Supreme Court hearing on Article 370 abrogation | Day 7

Several petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split the erstwhile State into two Union Territories — Jammu and Kashmir, and Ladakh — were referred to a Constitution Bench in 2019.

Updated - July 18, 2024 03:46 pm IST

Published - August 17, 2023 09:44 am IST

Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench of the Supreme Court in 2019.

Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, were referred to a Constitution Bench of the Supreme Court in 2019. | Photo Credit: SUSHIL KUMAR VERMA

Senior advocate Dushyant Dave on Thursday argued in the Supreme Court that the abrogation of Article 370 is a colourable exercise of powers since the BJP government in its 2019 manifesto had proposed the repeal of Article 370.

Mr. Dave also argued that Article 370 had ‘achieved its life’ and could therefore not be abrogated after the dissolution of the Constituent Assembly in 1957. Countering such a contention, Chief Justice of India D.Y Chandrachud said that the argument that the power to abrogate Article 370 ended with the Constituent Assembly’s dissolution is belied by constitutional practice since several constitutional orders were issued after 1957.

During the proceedings, the Chief Justice also asked if the court was being invited to judicially review the wisdom underlying the decision to abrogate Article 370 while underscoring that judicial review must be confined to a constitutional violation only.

Senior advocate Shekhar Naphade apprised the Supreme Court that the abrogation has led to adverse consequences – for instance, J&K does not have proportionate representation in the Lok Sabha which amounts to a violation of Article 14 of the Constitution.

Also Read | OPINION | Understanding Article 370

The Supreme Court said on August 10 that the surrender of Jammu and Kashmir’s sovereignty to India was “absolutely complete” with the accession of the former princely state in October 1947, and it was “really difficult” to say that Article 370 of the Constitution, which accorded special status to the erstwhile State, was permanent in nature.

Observing that once Article 1 of the Constitution says India shall be a Union of States, including Jammu and Kashmir, the transfer of sovereignty was complete in all respects, a five-judge constitution Bench headed by Chief Justice D.Y. Chandrachud said.

Schedule 1 of the Indian Constitution contains the list of States and Union Territories and their extent and territorial jurisdiction, and Jammu and Kashmir figures there in the list. The Bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, observed it cannot be said that some elements of sovereignty in Jammu and Kashmir were retained post Article 370.

Several petitions challenging the abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split the erstwhile State into two Union Territories — Jammu and Kashmir, and Ladakh — were referred to a Constitution Bench in 2019.

Get the latest news from Supreme Court hearing on Article 370 abrogation | Day 1 | Day 2 | Day 3 | Day 4 | Day 5 | Day 6
    0 / 0
    Sign in to unlock member-only benefits!
    • Access 10 free stories every month
    • Save stories to read later
    • Access to comment on every story
    • Sign-up/manage your newsletter subscriptions with a single click
    • Get notified by email for early access to discounts & offers on our products
    Sign in

    Comments

    Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

    We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.