Supreme Court Deliberates on Article 370 Abrogation: Highlights from Day 12
In a significant hearing on the abrogation of Article 370, the Supreme Court’s Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, scrutinized the Central government’s 2019 decision to revoke the special status of Jammu & Kashmir (J&K).
During the proceedings, the bench questioned Solicitor General (SG) Tushar Mehta about the possibility of other states undergoing bifurcation into union territories, akin to J&K’s transformation in 2019. Responding, SG Mehta emphasized that J&K’s situation was unique and unlikely to recur. However, Justice Kaul countered,
“We have seen very difficult times in Punjab, North-East. Not a one-off instance.” Justice Gavai drew attention to the ongoing situation in Manipur, while Justice Khanna remarked, “You cannot say that it is to be treated differently because it is a border state.”
SG Mehta defended the government’s stance, highlighting the longstanding territorial dispute with Pakistan over PoK. He stated,
“See the consistent, repeated situation we are facing since decades… These are policy considerations.”
CJI Chandrachud, focusing on the procedural aspects, emphasized the importance of the word ‘recommendation’ in Article 370(3) and its implications. He questioned,
“There has to be a recommendation from the Constituent Assembly to the President for abrogating Article 370… Are you saying absence of recommendation is not a problem?”
Furthermore, CJI Chandrachud sought clarity on the timeline for restoring J&K’s statehood, emphasizing the importance of democracy’s restoration. SG Mehta assured the court that while J&K’s statehood would be reinstated, Ladakh would remain a Union Territory. This assurance came after CJI Chandrachud’s inquiry about a definitive timeline for J&K’s statehood restoration, emphasizing,
“We understand that these are matters of national security… But without putting you in a bind, is there a time frame in view?”
The CJI also highlighted the significant integration of J&K from January 26, 1950, to August 5, 2019, and questioned the necessity of the 2019 actions. He asked,
“And therefore what was done in 2019, was it really a logical step forward to achieve that integration?”
The bench also touched upon the suspension of Zahoor Ahmad Bhat, a senior lecturer who had voiced opposition to the Centre’s move on Article 370. Justice BR Gavai sought explanations regarding the timing of Bhat’s court appearance and his subsequent suspension.
The landmark decision on August 5, 2019, to abrogate Article 370 led to the bifurcation of J&K into two Union Territories, revoking its special status. Numerous petitions challenging this move and the Jammu and Kashmir Reorganisation Act, 2019, are currently under the Supreme Court’s review.
