27 July, 2021

Supreme Hope

Petitioners for the restoration of Article 370 and J&K’s statehood are emphasising legalities

Supreme Hope

After the abrogation of Article 370, several people and groups filed petitions challenging the decision and the Jammu and Kashmir Reorganisation Act, 2019, which splits the state into two Union territories—Jammu and Kashmir, and Ladakh. A year later, the National Conference and the J&K High Court Bar Association are hopeful that the Supreme Court will set aside the Centre’s decision.

NC leader Hasnain Masoodi, a former High Court judge and one of the petitioners, says that Article 370 was envisioned by J&K leaders and the Government of India as a self-contained code. “The powers available to the Parliament to amend any provision of the Constitution do not apply to Article 370. It cannot be pressed in service, much less used to abrogate the article,” he says. “Our stand before the SC is that the procedure followed in the August 5, 2019, decisions are unconstitutional and so are the decisions.”

“The Sadr-e-Riyasat (president) of J&K convened the Constituent Assembly of J&K and framed and enforced the...

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