Article 370 of the Constitution was the only "tunnel of light" which maintained the relationship between the Centre and the erstwhile state of Jammu and Kashmir, the Supreme Court was told on Tuesday.
Petitioners challenging the Centre's decision taken on August 5 last year to abrogate provisions of Article 370 contended that the Constitution of Jammu and Kashmir cannot be repealed in exercise of powers under the Article, which gave special status to erstwhile state.
five-judge bench headed by Justice N V Ramana, was told by senior advocate Dinesh Dwivedi, appearing for an intervenor, Prem Shankar Jha, that the issue needs to be referred to a larger bench as there is a dispute between two judgements of a five-judge bench which dealt with provisions of Article 370. Besides challenging the Centre's decision to abrogate provisions of Article 370, Jha has sought reference of the issue to a larger bench of seven judges for definite adjudication.
The bench, also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, B R Gavai and Surya Kant, said it would first hear the submissions on reference and then would take a call on whether to refer the issue to a larger benchDwivedi said, "Article 370 was the only tunnel of light connecting the Centre to erstwhile state of Jammu and Kashmir. The Article 370 required that action of government of India should have concurrence of Jammu and Kashmir constituent assembly, which was replaced by legislative assembly and finally the concurrence was given by Governor which is clear violation of Constitution.
Petitioners challenging the Centre's decision taken on August 5 last year to abrogate provisions of Article 370 contended that the Constitution of Jammu and Kashmir cannot be repealed in exercise of powers under the Article, which gave special status to erstwhile state.
five-judge bench headed by Justice N V Ramana, was told by senior advocate Dinesh Dwivedi, appearing for an intervenor, Prem Shankar Jha, that the issue needs to be referred to a larger bench as there is a dispute between two judgements of a five-judge bench which dealt with provisions of Article 370. Besides challenging the Centre's decision to abrogate provisions of Article 370, Jha has sought reference of the issue to a larger bench of seven judges for definite adjudication.
The bench, also comprising Justices Sanjay Kishan Kaul, R Subhash Reddy, B R Gavai and Surya Kant, said it would first hear the submissions on reference and then would take a call on whether to refer the issue to a larger benchDwivedi said, "Article 370 was the only tunnel of light connecting the Centre to erstwhile state of Jammu and Kashmir. The Article 370 required that action of government of India should have concurrence of Jammu and Kashmir constituent assembly, which was replaced by legislative assembly and finally the concurrence was given by Governor which is clear violation of Constitution.
Leave a comment
Your email address will not be published. Required fields are marked *