The Supreme Court's Constitution Bench, presided over by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, continued to hear a batch of petitions challenging the abrogation of Article 370 of the Indian Constitution.
Senior Advocate Dr Rajeev Dhavan addressed the bench on the autonomy of states and the special provisions embedded in the Constitution.
Dr Dhavan emphasized that the autonomy of states is fundamental to the Indian Constitution and underlined that Article 370 was not the only provision ensuring autonomy. He argued that the Constitution had several special provisions for different states, such as Articles 371 and 371A to 371J, each catering to the specific needs of various regions. He highlighted the significance of provisions for the administration of Scheduled Areas, Scheduled Tribes, and tribal areas in different states, underscoring their contribution to maintaining federal unity in India.
In addition, Dr Dhavan stressed the importance of adhering to proper constitutional procedures. He argued that Article 370 could only be amended through Article 368, which mandates the amendment process for the Indian Constitution. He contended that the Jammu and Kashmir Reorganisation Act, 2019 required consent from the State Legislature, and the use of the President's Rule could not be employed to circumvent this procedure.
During the hearing, Senior Advocate Dushyant Dave also raised concerns about the government's exercise of power and the potential for abuse. He questioned the decision to withdraw support from the Jammu and Kashmir government, dissolve the state assembly, and implement the President's Rule before abrogating Article 370. Dave emphasized the importance of preserving the rule of law and preventing the misuse of power by any majoritarian government.
The Supreme Court's deliberations on these constitutional matters continued, as the arguments focused on the balance between state autonomy, special provisions, and the legality of Article 370 abrogation.
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