The Supreme Court Constitution Bench comprising Justices N V Ramana, Sanjay Kishen Kaul, R Subhash Reddy, B R Gavai and Surya Kant has commenced the hearing of the petitions challenging the Presidential Orders under Article 370 which revoked the special status of Jammu and Kashmir.
"Whether using the temporary, ameliorative and restorative power of President's Rule, an irreversible change can be brought about in the federal relationship between a state of the Union and the Union? Under a legal fiction created by Article 356, without any participation of the popularly elected republic government in the state, altering its identity and splitting it into two UTs? When Article 370 itself prescribes the mechanism for alteration of that relationship, can that mechanism be flouted?", Senior Counsel Raju Ramachandran explained the controversy in the abrogation of Article 370 in a nutshell.
In as much as C. O. 272 lays down that in proviso to clause (3) of Article 370 of the Constitution, the expression "Constituent Assembly of the State referred to in clause (2)" shall read "Legislative Assembly of the State", he urged, "the nature of the power of the body is changed from constituent to legislative! Under section 147, it did not possess any constituent power! Then, by the 356 route, the legislative assembly became the parliament! This is impermissible!
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