Central Idea

The Supreme Court deliberated on the President’s power to declare Article 370 of the Constitution, which granted special status to J&K, inoperative after the dissolution of the State’s Constituent Assembly in 1957.
The court questioned whether the Constituent Assembly’s dissolution nullifies the substantive part of Clause 3 in Article 370.
Senior counsel argued that Article 370 cannot be revoked after the Constituent Assembly’s dissolution, but the court questioned the extent of the President’s powers.

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The Constituent Assembly of J&K was a temporary body convened for drafting the State’s Constitution, becoming functus officio after its completion.
Article 370 was considered “temporary” because it allowed the people of J&K to determine their Constitution and the jurisdiction of Union of India.
The collaborative relationship between the Union and J&K, with constant dialogue and parliamentary laws applying to J&K through Constitution Orders, was disrupted by the abrogation of special constitutional status in 2019.

Constituent Assembly’s Role: The provision requiring the J&K Constituent Assembly’s recommendation for abrogation has no application, given its specific purpose was to draft the State’s Constitution.
Impact on Democracy: The argument raised concerns about silencing the people’s will in J&K, where representative democracy had been absent for five years. The State’s unique relationship with India was emphasized.
Parliament’s Authority: The counsel questioned Parliament’s authority to declare itself the legislature of J&K and abrogate Article 370, asserting that Parliament could not act outside the Constitution.
Temporary Provision: It was clarified that Article 370 was mentioned as a “temporary” provision because it allowed the people of J&K to determine their future through their Constituent Assembly.

The Supreme Court’s examination of the President’s power over Article 370 after the Constituent Assembly’s dissolution raises significant questions about the unique constitutional structure and the collaboration between the Union and J&K.
The verdict will determine whether Article 370 remains operative and its implications on the historical relationship between the State and the Union.