'Process of abrogation of Article 370 was a fraud on Constitution'

The court was also told that any silence on its part would have disastrous consequences for democracy

The Supreme Court on Tuesday was told that the process that was followed for abrogating Article 370 was a fraud on the Constitution by which a political decision by the government for enforcing it under Article 367 was amended to erase Article 370 of the Constitution that conferred special status to Jammu and Kashmir.

The court was also told that any silence on its part would have disastrous consequences for democracy and the country.

"The way entire thing was gone about was a fraud on the Constitution. Taking recourse to the Executive powers - a politically motivated, political decision to amend the Constitution by amending Art 367 and then terminating a constitutional provision Art. 370", senior advocate Kapil Sibal told a five-judge Constitution bench comprising Chief Justice D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai and Justice Surya Kant.