Supreme Courtroom questions petitioners’ submission that Indian Structure has no utility to Jammu and Kashmir after 1957


| Picture Credit score: Sushil Kumar Verma

The Supreme Courtroom on August 22 questioned an argument made by petitioners that Article 370 ceased to function in 1957 as quickly because the Jammu and Kashmir Structure got here into existence.

Showing earlier than a Structure Bench headed by Chief Justice of India D.Y. Chandrachud within the problem to the abrogation of Article 370, senior advocate Dinesh Dwivedi, for a petitioner, stated the Indian Structure ceased to use to J&Okay, and the State Structure turned the governing doc.

“You’re saying as soon as the Structure of Jammu and Kashmir got here into existence in 1957, Article 370 ceased to exist and solely governing doc turned the Structure of J&Okay. So that are the options of 370 which ceased to exist?” Chief Justice Chandrachud questioned the senior counsel.

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Mr. Dwivedi referred to the Constituent Meeting debates to help his submissions.

“Can we are saying a press release made by a distinguished member of Parliament will grow to be a binding dedication of a nation to the State of Jammu and Kashmir? It will have implications in deciphering the constitutional provision,” Chief Justice Chandrachud noticed orally.

Justice S.Okay. Kaul, on the Bench, requested whether or not Mr. Dwivedi, by referring to the Constituent Meeting debates, was arguing that Article 370 had dissolved itself.

Mr. Dwivedi stated Constituent Meeting debates revealed the intention of the framers of the Structure.

“So, in line with you, the online consequence shall be utility of Structure of India shall be frozen to J&Okay after 1957. How can this be permitted? If J&Okay is an integral a part of India, then certainly there needs to be provisions within the Structure which applies to J&Okay,” the Bench stated.

After Mr. Dwivedi accomplished his submissions, senior advocate C.U. Singh argued in regards to the illegality of the J&Okay Reorganisation Act.

He stated that to transform a State right into a Union Territory, a constitutional modification is required below Article 368 which wants two-third ratification.

“There isn’t any different strategy to do it,” Mr. Singh submitted.

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