Sufficient silence in Article 370 for integration of J&K with India: Supreme Court
Supreme Court on Monday verbally remarked that there was «sufficient silence» in Article 370 to leave it to the Centre and statesmanship for integration of Jammu and Kashmir with India. A Constitution bench headed by Chief Justice of India DY Chandrachud put this argument to the petitioners challenging the abrogation of Article 370.
The bench during previous hearings had also observed that Article 370 is silent on what regime should be once the Constituent assembly is formed and has taken a decision.
Questioning the contention of some of the petitioners who have argued that Article 370 was not a temporary provision and it could not have been abrogated in the way the Centre abrogated it in August 2019, the bench verbally remarked: «Is there no solution for Kashmir?..
After all, all solutions have to be within the framework of the Constitution.»
The Centre and intervenors concluded their arguments on Monday and the petitioners commenced their rejoinder. One of the intervenors argued that resurrection of Article 370 would be violative of basic structure of the Constitution.
Another intervenor contended that «ultimate sovereignty lies with the Union».
In a related development, the Constitution bench asked Lok Sabha MP Mohammad Akbar Lone, the lead petitioner in the clutch of pleas challenging abrogation of Article 370, to swear his allegiance to the Constitution of India. Further, he has been directed to file an affidavit stating that Jammu and Kashmir is an integral part of India.
