The
Constitution bench of the Supreme Court has reserved its verdict on a batch of
petitions challenging the abrogation of Article 370 and bifurcation of the
erstwhile state of Jammu and Kashmir into two Union territories.
Five-judge
Constitution bench comprising Chief Justice of India DY Chandrachud, Justices
Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant reserves the
judgement after hearing the arguments for 16 days.
The
bench granted three days time to parties to file written notes on their
submissions in the case.
The
Central government has defended its decision of abrogation of Article 370
saying there was no "constitutional fraud" in repealing the provision
that accorded special status to the erstwhile state of Jammu and Kashmir.
Attorney
General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre.
Centre
told the bench that Jammu and Kashmir was not the only State whose accession to
India was through instruments of accession but many other princely States that
too had joined India, post-independence in 1947, with conditionalities and
after their merger their sovereignty was subsumed in the sovereignty of India.
Of
the 565 princely States at the time of independence in 1947, the majority of
them were in Gujarat and many had conditions relating to taxes, land
acquisition and other issues, the Central government told the bench.
Centre
also submitted that the status of Jammu and Kashmir as a Union Territory is
only temporary and it will be restored to Statehood, however, Ladakh would
remain a Union Territory.
Senior
advocate Kapil Sibal, appearing on behalf of the petitioners, opened the
arguments by saying Article 370 was no longer a "temporary provision"
and it had assumed permanence post the dissolution of the Constituent Assembly
of Jammu and Kashmir.
He
contended that the Parliament could not have declared itself to be the
legislature of J-K in order to facilitate the abrogation of Article 370 as
Article 354 of the Constitution does not authorise such an exercise of power.
Highlighting
that the express terms of clause 3 of Article 370 show that a recommendation
from the Constituent Assembly was essential to remove Article 370, Sibal argued
that in the wake of the dissolution of the Constituent Assembly whose
recommendation was required to abrogate Article 370, the provision could not be
revoked.
Jammu
and Kashmir High Court Bar Association has told the Supreme Court that while
acceding to India, the Maharaja of Jammu and Kashmir acceded his sovereignty
over the territory of the State but not his sovereign power to rule and govern
the State.
Accession
of Jammu and Kashmir to India was territorial and except for defence, external
affairs and communication, rest all the powers were retained with the State to
make laws and govern, said senior advocate ZA Zafar appearing for J-K High
Court Bar association.
The
Central government has defended its decision to abrogate Article 370 from Jammu
and Kashmir saying post the changes, street violence, which was engineered and
orchestrated by terrorists and secessionist networks has now become a thing of
the past.
Since
2019, when Article 370 was abrogated, the entire region has witnessed an
"unprecedented era of peace, progress and prosperity", Centre said.
After
the abrogation of Article 370 from Jammu and Kashmir life has returned to
normalcy there after three decades of turmoil, the Centre in its affidavit told
the Supreme Court.
It has been said that schools,
colleges and universities have been functioning without any strikes during the
last three years.
The Constitution bench was
hearing a batch of petitions challenging the abrogation of Article 370 of the
Constitution and bifurcating the state into two Union Territories.
A number of petitions were filed
in the top court including those of private individuals, lawyers, activists
politicians and political parties challenging the Jammu and Kashmir
Reorganisation Act, 2019, which splits Jammu and Kashmir into two Union
Territories -- Jammu and Kashmir, and Ladakh.
On August 5, 2019, the Central
government announced the revocation of the special status of Jammu and Kashmir
granted under Article 370 and split the region into two Union territories.