#Article370 – it is subject to Article 356, Who in Kashmir had the right to deliberate on August 5?

Asaduddin Owaisi


1. In 2019, the CJI spoke at a seminar and said that “public deliberation will always be a threat to those who achieved power in its absence.” The question is whether you can abrogate the special status of a state by putting the whole state in curfew, while it is subject to Article 356, and without an elected lehislative assembly in place? Who in Kashmir had the right to deliberate on August 5?

2. Let us be clear that, in Bommai judgement, SC had said that federalism is part of the basic structure of the constitution. Federalism means that the state has its voice and in its area of competence, it has complete freedom to operate. How is it that Parliament can speak in place of the Assembly? How is it that Parliament can pass a resolution that was to be passed by the Assembly in the constitution? For me, the manner in which 370 was abrogated was a violation of constitutional morality. Even worse, the abrogation, bifurcation and downgrading of the state to union territory is a grand betrayal of the solemn promise that the Union of India had made to the people of Kashmir.

3. I have said it once and I will say it again. Once this has been legitimised, there is nothing stopping the union govt from making Chennai, Kolkata, Hyderabad or Mumbai a Union Territory. Let’s look at the case of Ladakh, it is being ruled by Lt. Governor, with no democratic representation at all.

4. There was no doubt that the state is an integral part of India. But being an integral part does not mean that it did not have a distinct constitutional relationship with the Union. This constitutional relationship was made permanent after the dissolution of the constituent assembly of Kashmir.

5. The biggest losers of the Union’s decision will be the Dogras of Jammu and Buddhists of Ladakh, who will have to face demographic change.

6. Why is there no timeline on the reinstatement of statehood? It’s already been five years of Delhi rule in J&K. Assembly elections should be held in the state at the earliest. Along with Lok Sabha elections in 2024.