No Constitutional fraud in abrogating Article 370: Centre to SC
Aug 24, 2023
New Delhi [India], August 24 : The Central government on Thursday began its arguments on the pleas challenging the 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.
The five-judge constitution bench headed by Chief Justice of India DY Chandrachud told the Centre that it will have to justify the procedure adopted for abrogation as the court cannot postulate a situation "where the ends justify the means".
The bench said, “We cannot postulate a scenario where ends justify the means” and both have to be consistent, as Attorney General R Venkataramani defending the abrogation of Article 370 said that it was necessary to abrogate Article 370 and there were no infirmities in the process adopted.
“No deviation has taken place with regard to this presidential proclamation. To say that a fraud has been committed on the constitution is incorrect,” the Attorney General said.
Solicitor General Tushar Mehta also appearing for Centre told the bench that 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, he told the bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.
Solicitor General Tushar Mehta will resume his arguments on Monday, August 28.
The Constitution bench is hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.
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.
