Sharing his first thoughts a day after the Supreme Court validated the Centre’s move to abrogate Article 370 from the erstwhile state of Jammu and Kashmir, senior advocate and former Congress leader, Kapil Sibal, on Tuesday said the judgement was ‘pathbreaking’ for many and ‘heartbreaking’ for some.
He claimed, however, that the apex court ruling had nothing to do with the Centre’s understanding of Article 370, which accorded special constitutional privileges to the erstwhile state.
Taking to his official handle on X, the former Union Law Minister posted, “Supreme Court Article 370 Verdict, For most pathbreaking, For some heartbreaking. Law, the court’s verdict had little to do with the government’s own understanding of Article 370! The moving finger of the court moves on…With no surprises!.”
In a landmark ruling on Monday, the apex court upheld the Union government’s decision to abrogate Article 370 of the constitution, which accorded certain special privileges to the erstwhile state of Jammu and Kashmir, stating that every decision taken by the Centre on behalf of a state can’t be subject to a legal challenge.
A five-judge Constitution bench, comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, delivered the historic verdict.
CJI Chandrachud, reading out from the judgement, said every decision taken by the Centre on behalf of a State under proclamation can’t be subject to a legal challenge and it will lead to the administration of the state to a standstill.
Following the apex court’s ringing validation of the revocation of Article 370 from the erstwhile state, Union Home Minister Amit Shah, addressing the Rajya Sabha during a debate over the draft legislations on Jammu and Kashmir, said Article 370, which was abrogated at the behest of Prime Minister Narendra Modi in 2019, gave an impetus to separatism in the erstwhile state, resulting in the loss of innocent lives to violence and terror.
“We should understand that 42,000 people were killed. Why were they killed? It is not a question of Hindus and Muslims. There are more Muslims in Gujarat (than in Kashmir), and there are more Muslims in Uttar Pradesh, Bihar and Assam states. Why did separatism not happen there? There is no question of boundary either,” the Union Home Minister said.
“Rajasthan and Gujarat share their boundaries with Pakistan too. Why did it happen (only in J-K)? (It was) because Article 370 gave impetus to separatism, which led to terrorism,” he added.
However, the Congress on Monday said they disagreed with the Supreme Court judgement, upholding the Centre’s abrogation of Article 370 from Jammu and Kashmir.
“We respectfully disagree with the judgment on the manner in which Article 370 was abrogated,” P Chidambaram, Congress Rajya Sabha MP, said during a press conference at the party headquarters here. (ANI)
