'Procedure unknown to Constitution followed'

Supreme Court told on Day 2 of hearings on pleas opposing the abrogation of Article 370

The Supreme Court on Thursday was told that a procedure unknown to the Constitution was followed for abrogating Article 370 ~ which had after the adoption of J&K Constitution become permanent and changing the boundaries of the erstwhile State of Jammu and Kashmir without ascertaining the views of the State assembly ~ representing the will of the people.

Describing the procedure followed for the abrogation of Article 370 and changing the character of the State into two Union Territories as “mosaic of illegalities”, 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 was told that the “quintessential essence” of Article 356 of the constitution is to restore democracy but in the case of J&K it was used to undo democracy and obliterate the State constitution, taking recourse to questionable procedure.

It was not smooth sailing for senior advocate Kapil Sibal today as there were spate of questions from the Bench, particularly by the Chief Justice Chandrachud, Justice Kaul and Justice Sanjiv Khanna. The Bench also wanted to know the difference between the reluctant princely States joining the Indian union and Jammu and Kashmir.