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No larger Bench for Article 370 case
Why in news?
- A 5-judge Constitution Bench declined a plea to refer to a larger Bench petition challenging the abrogation of special status of Jammu and Kashmir under Article 370 of the Constitution.
More in news
- Conflict between two Judgments:
(1) The Bench had heard arguments and reserved its decision on whether there was a “direct conflict” between the judgments of 1959 and 1970 on the nature and extent of Article 370.
(2) Order of the Bench concluded that there was no conflict between the 1959 and 1970 judgments.
(3) 1959 Judgement: Prem Nath Kaul versus State of Jammu and Kashmir, indicated that Article 370 was applicable only till the Jammu and Kashmir Constitution was enacted on January 26, 1957. After that, no further changes could be made to the relationship between India and Jammu and Kashmir.
(4) 1970 Judgment: Some petitioners argued that Sampath Prakash versus State of Jammu and Kashmir judgment had ignored the 1959 verdict by concluding that Article 370 was permanent in nature and a “perennial source of power” for the Centre to govern its relationship with J&K.
(5) Explanation by Court:
(a) The court explained that the “Constitution Bench in the Prem Nath Kaul case did not discuss the continuation or cessation of the operation of Article 370 after the dissolution of the Constituent Assembly of the State.
(b) This was not an issue in question before the court, unlike in the Sampat Prakash case, where the contention was specifically made before, and refuted by, the court”.
(c) Finally, the order concluded that the court saw no reason to read into the Prem Nath Kaul case an interpretation that resulted in it being in conflict with its subsequent judgments.
Sources
The Hindu