In a protracted and intricate legal debate, the Supreme Court of India was informed that the decision to abrogate the provisions of Article 370, which accorded “special status” to the erstwhile state of Jammu and Kashmir, was not solely an executive decision. The assertion came as part of an ongoing hearing regarding the contentious issue. A senior advocate representing an intervenor emphasized that the Indian Parliament, inclusive of Members of Parliament (MPs) from Jammu and Kashmir, was indeed apprised of this decision.
Moreover, the advocate shed light on the interpretation of the term ‘recommendation’ within Article 370, highlighting that the assent of the constituent assembly of Jammu and Kashmir was not deemed necessary for its abrogation. This assertion adds depth to the ongoing debate over the abrogation of Article 370.
Furthermore, the hearing explored the nuanced differences between the constituent assemblies of India and Jammu and Kashmir, underscoring the unique circumstances surrounding the latter’s constitution-making process.
The legal discourse continued with a detailed examination of Article 370(3), emphasizing that this constitutional provision did not mandate the approval of the Constituent Assembly of the State for its abrogation.
The senior advocate, staunchly defending the abrogation, elaborated on the historical context, asserting that Article 370 had always been considered a temporary provision. He cited the intentions of prominent figures in Indian history, such as Dr. BR Ambedkar and Jawaharlal Nehru, to underscore that the integration of Jammu and Kashmir with the rest of India was an envisioned outcome.
This legal confrontation comes as part of a protracted legal battle, where several petitions challenge the abrogation of Article 370 and the consequential reorganization of the region into two union territories. The Supreme Court has been deliberating on this matter since 2019.
As this debate unfolds, it underscores the complex legal, historical, and constitutional dimensions surrounding the abrogation of Article 370, a decision that continues to resonate in the Indian political landscape.