Article 370 Hearing: After the abolition of Article 370, hearing is going on in the Supreme Court on the petitions challenging it. During the hearing held on Thursday, 17 August, the Supreme Court made an important comment on Article 370. The Supreme Court said that it is not correct to say that Article 370 has got a permanent status in the Constitution. Its stability in the constitutional framework cannot be assumed. The Supreme Court gave this answer while disagreeing with the argument given by the petitioners.
The counsel for the petitioner argued
The constitution bench of CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant is hearing on Article 370. Arguing before this bench, Senior Advocate Rajeev Dhawan said, “The autonomy of the states is fundamental to our Constitution.” He said that this special provision is not only for Jammu and Kashmir, but many other states also have this right.
He told the Supreme Court bench that even the Governor’s report in this matter was not presented before the Parliament, it was necessary to disclose it before the Parliament and the people. That is why the entire process of President’s rule should be probed.
CJI replied
On this, Chief Justice of India DY Chandrachud said that the President has the power to suspend certain provisions of the Constitution under Article 356. The bench said that after the dissolution of the Constituent Assembly of Jammu and Kashmir in January 1957, the provision for abrogation of Article 370 alone cannot be considered non-existent. Some parts of Article 370 remained in effect for the next 62 years.
Senior Advocate Dushyant Dave, appearing for one of the petitioners, Rifat Ara Butt, argued that the Constituent Assembly of Jammu and Kashmir had decided to continue Article 370 instead of scrapping the special status of Jammu and Kashmir, Thereafter the provision cannot be repealed by any subsequent Act. However, the Supreme Court bench did not agree with this argument.
