Supreme Court Article 370 Hearing: Federation’s Indestructibility Stressed by SG Mehta
The Supreme Court hearing on Article 370 abrogation with insights from Solicitor-General Tushar Mehta. Explore the concept of federation's indestructibility and its implications within the Indian context.
New Delhi: In a significant development, a 5-judge bench led by Chief Justice DY Chandrachud recently convened to deliberate a batch of petitions challenging the abrogation of Article 370, which conferred special status to the former state of Jammu and Kashmir. The hearing, which bears substantial importance in India’s legal and political landscape, witnessed Solicitor-General Tushar Mehta asserting a thought-provoking perspective.
1. The Federation’s Resilient Nature
Addressing the Supreme Court during the hearing, Solicitor-General Tushar Mehta made a pivotal statement on the nature of the Indian federation. He articulated that while India operates as a federation, this status is not a result of a mere agreement among the states. The drafting committee’s intent was to make it clear that the federation’s formation was not contingent upon state consensus.
2. Indestructibility of the Federation
One of the standout assertions made by SG Mehta was the idea that the federation stands as a Union because of its indestructible nature. This assertion carries profound implications, implying that the foundation of the Indian Union transcends the potential dissolution that often plagues agreements formed among states. This perspective adds a layer of permanence and stability to the federation.
3. The Intrinsic Character of Article 370
The Supreme Court’s exploration of Article 370 uncovered intriguing aspects. The court indicated the presence of “intrinsic evidence” suggesting that Article 370 bore a self-limiting character. This character seemed to manifest following the conclusion of the Jammu and Kashmir Constituent Assembly’s term in 1957. This observation fuels discussions on the article’s relevance and operational scope.
4. Constitutionality and Dominion
The bench, comprising Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, delved into the nuanced aspects of the Constitution. They raised a fundamental question: Even though the Constitution of Jammu and Kashmir defined its relationship with the Indian Union, how could this relationship extend beyond 1957 without its incorporation into the broader Indian Constitution? This inquiry reflects the intricate interplay between state and federal dynamics.
Understanding the Significance
The Supreme Court hearing on the abrogation of Article 370 unveils multifaceted dimensions of India’s constitutional structure. Solicitor-General Tushar Mehta’s assertion about the federation’s indestructible nature underscores the enduring unity of the Indian Union. Moreover, the court’s analysis of Article 370’s self-limiting character provides insights into its evolution since its inception.
In conclusion, the ongoing proceedings serve as a platform for unraveling the complexities surrounding Article 370 and its implications. As India’s legal fraternity and citizens keenly follow these deliberations, the intersection of federalism, constitutionality, and historicity takes center stage.
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