homeindia NewsAbrogation of Article 370 is a judgement that needs to be reviewed, says former Supreme Court Justice Madan Lokur

Abrogation of Article 370 is a judgement that needs to be reviewed, says former Supreme Court Justice Madan Lokur

The Supreme Court on Monday, December 11, upheld the abrogation of Article 370 as constitutionally valid. In a landmark judgement, the apex court held that the Constitution of India is applicable fully to Jammu and Kashmir. The court held that Jammu and Kashmir ceded to the sovereignty of India in totality and does not retain any sovereignty.

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By Parikshit Luthra  Dec 21, 2023 8:00:14 PM IST (Updated)

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The abrogation of Article 370 is a judgement that needs to be reviewed, said former Supreme Court judge Madan Lokur in an exclusive interaction with CNBC-TV18 on Thursday, December 21.

“Abrogation of Article 370 is a judgment that needs to be reviewed. They did not go into the question of reorganisation of the state of Jammu and Kashmir into union territories. And they said that we can consider it in an appropriate case. In my view, this was the most appropriate case, because this was the first time it has happened. So if you let it pass the first time, you can let it pass a second time also. If you let it pass the second time, then let it pass the third time. So, the Supreme Court should have taken a decision and said that, yes, it's permissible or no, it's not permissible, so that whatever has to be done in the future can be taken care of,” Lokur said.
Explaining his stance, Justice Lokur said he's "not satisfied with the reasoning given by the Supreme Court for the abrogation of Article 370."
"...the Article 370, as it existed, consisted of clauses one, two, and three. All three clauses have gone out. And now a new Article 370 has come into the constitution.”
Delving deeper into the subject, Justice Lokur said, "The relationship between the Constitution of India and the state of Jammu and Kashmir, or the Constitution of the state of Jammu and Kashmir, was governed through constitutional orders. And a large number of constitutional orders have been issued from time to time. One of the constitutional orders—Constitutional Order number 48—says that every amendment to the Constitution of India will not ipso facto apply to the constitution of Jammu and Kashmir or the state of Jammu and Kashmir unless it is accepted by the state of Jammu and Kashmir or by the government of Jammu and Kashmir. So, if you try to amend the constitution to make it applicable to Jammu and Kashmir, you need the consent of the state government or the legislature."
"So, in that sense, if you look at the reasoning given by the Supreme Court for deleting the substantive portions of Article 370 and bringing in a new Article 370, I am not particularly satisfied with the reasoning nor am I particularly convinced with the reasoning given by the Supreme Court.”
"Now, supposing the government decides to split some other state into two union territories or three union territories, the question will be asked: can you do it? Now, there is no answer given by the Supreme Court, which I thought the Supreme Court should have given."
The Supreme Court on Monday, December 11, upheld the abrogation of Article 370 as constitutionally valid. In a landmark judgement, the apex court held that the Constitution of India is applicable fully to Jammu and Kashmir. The court held that Jammu and Kashmir ceded to the sovereignty of India in totality and does not retain any sovereignty.

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