India

Surgical Strike on Article 370 Was Imperative, says Centre to Supreme Court

Lately the reverence for the architect of unified India, Sardar Patel found a constant mention during the Centre’s arguments in the Supreme Court. Solicitor General Tushar Mehta highlighted the Iron Man’s notions over the special status of Jammu & Kashmir.

Surgical necessity of having to amputate a limb was in order to save life, cited the Union government on Thursday. Representing the Government, the Solicitor General told the apex court that scraping of Article 370 to remove special status of Jammu and Kashmir was the need of the hour.

It had become imperative to preserve integrity of the country which was also needed for uniform application of the Indian Constitution to all Indian states.

The Attorney General said, the general law protects limbs and life of every citizen. Sometimes a limb is amputated for sake of preserving life, but a life is not sacrificed to protect a limb. AG, R Venkataramani sounded historically logical while beginning the the defence of the Centre’s August 5, 2019 decision to annihilate J&K’s special status as a precursor for dividing the state into two Union Territories.

The best thing said by the apex law officer of the country, was that the government action succeeded ub achieving a delicate balance between safeguarding national interest on one hand and preserving the nation and Constitution on the other hand.

A bench of Chief Justice D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant dissuaded the AG and said a situation supported with ‘ends justify the means’ argument, cannot be postulated. The Court feels the means should also be consistent with the end,” they said.

 

Parijat Tripathi

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