The Constitution bench of the Supreme Court is currently hearing a bunch of petitions challenging the central government’s decision to abrogate Article 370 of the Constitution, revoking the special status of Jammu and Kashmir. Today was the 7th day of hearing before the bench comprising Chief Justice of India DY Chandrachud, Justice SK Kaul, Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant.
Chief Justice of India DY Chandrachud, on August 17, made strong observation in the case saying that the court will only examine if there is a violation of the constitution and will not reassess the basis of the government’s decision.
Strong observation from the CJI over the Article 370 hearing.
— TIMES NOW (@TimesNow) August 17, 2023
The CJI said that the court will only examine if there is a violation of the constitution and will not reassess the basis of the government's decision. @nielspeak shares more details with @prathibhatweets pic.twitter.com/enDQc6v9na
He made these comments after Senior Advocate Dushyant Dave, representing the petitioners, argued that Jammu and Kashmir’s special status cannot be taken away. “Today’s house has no moral or constitutional authority to do this just because it has the majority. For the people of J&K, this was the essential feature of the Constitution. On August 5, President issues a proclamation. Then it is sent to Rajya Sabha. Rajya Sabha sends a recommendation on the same day. Then Rajya Sabha approves the reorganisation bill on the same day. Next day in Lok Sabha it is approved,” Dave said.
“These constitutional assembly debates took several years. These are men and women who were the most brilliant of those born in this country. We owe gratitude to them. If we were to interpret Constitution as today’s govt tells us, we’d be doing a great disservice to them,” he added.
To this, the CJI in response said that the Court would not reassess the basis of the government’s decision. “You want the judicial review to assess the intention of the government to abrogate Article 370? Judicial review will be for the constitutional violation, there is no doubt that if there is such violation this court will intervene but are you asking us to judicially review the wisdom underlying the decision to abrogate Article 370?” CJI asked.
Dave: How is it impeding..somebody makes a statement from Home Ministry that Article 370 is impeding..
— LawBeat (@LawBeatInd) August 17, 2023
CJI: Are you inviting the court to review the wisdom of the government in repealing i370..are you asking us to judicially review if the decision was in national interest or…
Dave later continued to argue and said that the history, especially the constitutional history cannot be rewritten. He also said that there is no power to abrogate Article 370 under Article 370(3). The exercise of abrogation is a complete fraud on the constitution, he opined.
According to Dave, the BJP in its manifesto had promised abrogation of Article 370 from Jammu and Kashmir and the court has ruled that manifestos cannot be against constitutional scheme and spirit. “Now because you have a majority in Parliament you have done this, and it is all because you told people to vote for you. This shows power exercised for colourable considerations. President is not a rubber stamp majority does not speak, it is not a constituent power,” he claimed.
Dave: I would just like to point out at the end that the BJP in their manifesto that they will work towards abrogating Article 370..and your lordships have said that these manifestos will have to comply with constitutional values..and because they were in majority they went ahead…
— LawBeat (@LawBeatInd) August 17, 2023
More than 20 petitions are pending before the Supreme Court challenging the Centre’s decision to abrogate Article 370. Senior advocates Dushyant Dave and Shekhar Naphade submitted their arguments on behalf of the petitioners on Thursday, August 16. Now Advocate Dinesh Dwiwedi is submitting his arguments in the case.
The hearing in the given case began on August 2 and today is the seventh day of the hearing. 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. However, the CJI stated that the Court would only examine if there is a violation of the constitution and would not reassess the basis of the government’s decision in abrogating Article 370 from the former state of Jammu and Kashmir.
