Important remarks of Chief Justice DY Chandrachud during the hearing on Article 370, ‘After merger in India…

Article 370 Revocation: Chief Justice DY Chandrachud made an important comment on Thursday (August 10) on the fifth day of the ongoing hearing in the Supreme Court on the matter of abolishing the special status of Jammu and Kashmir by neutralizing Article 370.

CJI Chandrachud said that after the merger with India, the sovereignty of Jammu and Kashmir has ended. It is true that the Parliament could not legislate on some subjects of the state, but this does not affect the relation of Jammu and Kashmir with India. The merger in India meant that Jammu and Kashmir handed over its sovereignty to India.

Chief Justice DY Chandrachud made this remark while listening to the arguments of senior advocate Zafar Shah, appearing for the Jammu and Kashmir Bar Association. Zafar Shah said that Jammu and Kashmir had ‘constitutional autonomy’. Every law passed by the Parliament could not be implemented there.

What did the judges comment?
During the hearing on Thursday, Justice Sanjay Kishan Kaul, a member of the constitution bench of 5 judges, also made an important comment. Justice Kaul said, “It would be wrong to say that Article 370 could never have been abolished. We just have to see whether the process adopted by the government to remove it was correct or not.”

What comment did the Supreme Court make earlier?
Earlier, on the third day of this hearing, the Supreme Court had made important remarks. The court had said that the question of plebiscite does not arise in Jammu and Kashmir. The court said this during the cross-examination of senior advocate Kapil Sibal.

Sibal said that it was the decision of the central government to end the special status of Jammu and Kashmir. Before this the opinion of the people of the state was not taken.

What argument did you give?
Sibal, appearing on behalf of National Conference leader Akbar Lone, compared the abolition of the separate status of Jammu and Kashmir to Britain’s separation from the European Union ie Brexit. He said that it was also a political decision, but before that a referendum was conducted to know the opinion of the people.

On this, Chief Justice DY Chandrachud stopped him and said, “We are here discussing the constitutionality of the process of removing Article 370. As far as a referendum like Brexit is concerned, it cannot happen in India. Our constitution provides for it.” There is no order.”

Read this also- Article 370: ‘Article 370 is not a storehouse of uncontrolled power, in Jammu and Kashmir…’, what arguments were given in the Supreme Court on the fourth day?

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