India

Striking Remark From Supreme Court: Article 370 Was Never Intended To Be Permanent

Supreme Court on Article 370: While conducting the hearing on the petition challenging the amendments made in Jammu and Kashmir, that is abrogation of article 370 and reorganization of the state into two Union Territories Justice DY Chandrachud picked up acts and made striking crystal clear remarks. The Chief Justice of India is currently presiding over the 5-judge constitution bench.

He referred to Article 1, a permanent feature of the Constitution of India in Article 370, and stated that it is “a clear indicator” that the Article giving J&K the special status was never supposed to be permanent.

Here’s what Supreme Court said on Article 370 abrogation

While the senior advocate Gopal Sankaranarayanan was making submissions to the opposition, the CJI stated, “Article 1 is a permanent feature of the Constitution. What was the reason for Art 370(1) to contain a specific reference that Article 1 shall apply? Article 1 was in any case applicable. That’s an embedded part of the Constitution.”

The Chief Justice of India stated that while “we may apply the principle of surplusage” to typical legislative acts, “you would never attribute to the Constitution-makers any intent to use a surplusage, or something without meaning.”

Also Read: Rajasthan Minister Ashok Chandna Saluted ‘Chandrayaan-3 PASSENGERS’, Slammed For Bizarre Remark

Also Read: Former CM Mayawati: “BSP Will Contest Lok Sabha Elections SOLO in UP”

What about Article 1

Interpreted in this light, he said, “the reason why Article 1 is specifically referred to in Article 370 is that during that interim period when other provisions could be modified, they were very clear that Article 1 will not be modified, which is a clear indicator of the fact that Article 370 was never intended to be permanent.”

Sankaranarayanan said that the case is “effectively about whether a power exists, and whether the process for exercising that power is followed” before the bench, which also included Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant. According to him, Article 3 permits the conversion of a portion of a state into a UT. He claimed that there is a process to follow that was not done for J&K.

Srishti Verma

Recent Posts

Sensex Falls 931 Points As Trump’s Tariff Move Triggers Global Selloff

The Sensex dropped 930.67 points, or 1.22 per cent, to settle at 75,364.69. It moved…

1 hour ago

Supreme Court To Hear Muslim Side’s Plea In Mathura Dispute On April 8

The SC will hear the Muslim side’s petition in the Mathura Krishna Janmabhoomi dispute on…

2 hours ago

DNA Can’t Confirm Rape Without Proof Of Lack Of Consent: Delhi High Court

Justice Amit Mahajan said that even if DNA proves the accused is the biological father…

2 hours ago

Supreme Court Allows Yasin Malik To Cross-Examine Witnesses Via Video From Tihar Jail

The SC allowed Yasin Malik to cross-examine prosecution witnesses via video conferencing from Tihar jail,…

2 hours ago

Delhi HC Orders Customs To Stop Seizing Personal Jewellery Of Air Passengers

The Delhi HC directed Customs Department officials not to confiscate old or personal jewellery worn…

2 hours ago

PM Modi Unveils 21-Point Action Plan To Boost BIMSTEC Cooperation At Bangkok Summit

Prime Minister Narendra Modi on Friday unveiled a 21-point action plan at the BIMSTEC Summit…

4 hours ago