• About us
  • Contact us
  • Our team
  • Terms of Service
Sunday, June 7, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home TOP NEWS

Art 370 has “self-limiting character”: SC

Press Trust of india by Press Trust of india
August 24, 2023
in TOP NEWS
A A
0
Plea in SC challenges provisions of law prohibiting raising of religious disputes
FacebookTwitterWhatsapp

New Delhi: The Supreme Court Wednesday said there is “intrinsic evidence” that Article 370 has a “self-limiting character” and it seems to have worked itself out after the term of the Jammu and Kashmir Constituent Assembly ended in 1957.

A five-judge bench headed by Chief Justice DY Chandrachud was hearing a batch of petitions challenging abrogation of Article 370 that accorded special status to the erstwhile state of Jammu and Kashmir.

More News

No safe haven for cross-border smugglers, peddlers or terror financiers in J&K: LG

J&K govt files review petition before SC on conduct of TET: Edu minister Itoo

NC slams ‘unelected’ Mehbooba Mufti for visiting AIIMS to ‘review’ construction

Load More

“Really speaking, though the Constitution of Jammu and Kashmir framed its relationship with Union of India, unless that relationship was embodied in the Indian Constitution, how will it bind the dominion of India or Parliament for successive years after 1957,” the bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, said.

The bench posed questions to senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners Soayib Qureshi, who has challenged the Centre’s August 5, 2019 decision to abrogate the provision.

CJI Chandrachud said in his view, Article 370 has two terminal points–first in clause 2 where it has been said that all decisions taken prior to the existence of the constituent assembly shall be placed for its approval and second, in proviso to clause 3, where it was said that the President can issue a notification declaring that Article 370 shall cease to exist or shall be operative with exceptions and modifications only on the recommendation of the Constituent Assembly of Jammu and Kashmir.

“Interestingly, Article 370 is silent on what the regime should be once the constituent assembly is formed and has taken a decision. There is a complete silence. If there is complete silence in Article 370, then Article 370 possibly has worked itself out…,” the CJI said.

CJI Chandrachud asked Sankaranarayanan that if this reasoning is to be accepted, then it means that once Article 370 worked itself out, the Constitution of Jammu and Kashmir will fill the void and that it will be the supreme document.

“Now the question will be, can the Constitution of federating unit rise above the source of federating unit,” the CJI said.

He added then the point is does the court say that the Indian Constitution must be read in a manner to treat the Constitution of J&K as an overriding document over the Indian Constitution.

Sankaranaraynan said it is their argument that Article 370 has worked itself out once the constituent assembly ceased to exist and, therefore, it should not have been touched.

“But, if the terminal point of Article 370 is the constituent assembly, then is it not necessary that the work of constituent assembly of the state of J&K has to be embodied in this (Indian) Constitution to make it operational,” the bench said.

CJI Chandrachud said that Article 370, which continued to exist in the Indian Constitution, itself points to its self-limiting character.

“It’s there in the Constitution but the provision itself points to its self-limiting character. So it is not obliterated but the text itself shows it is a self-limiting character. The operation of Article 370 has to come to an end once the constituent assembly of the state was formed….There is enough intrinsic evidence that Article 370 has itself a self-limiting character,” he said.

The bench, however, clarified it is not saying that all  constitution amendment orders issued for the application of the provisions of the Indian Constitution with respect to Jammu and Kashmir are unconstitutional.

“We are not saying that all these constitutional orders (COs) may have been unconstitutional. It would be improper to say that after all these (COs) were issued by statesmen who have operated this nation for the last 70 years, we should not say that what they did was unconstitutional. It was to further the course of governance in the nation,” the CJI said.

Sankaranarayanan contended that the Constitution of Jammu and Kashmir has almost all the provisions which the Indian Constitution has with nominal changes.

“Does that mean that anything said by the Constituent Assembly of the state of Jammu and Kashmir would bind the nation or bind Parliament or the Executive here? It had to be embodied subsequent to 1957 in a binding arrangement reflected in our Constitution which was never done,” the bench said.

The top court also heard the arguments advanced by senior advocate Menaka Guruswamy, Nitya Ramakrishnan, Sanjay Parikh and PC Sen on behalf of the petitioners.

The hearing remained inconclusive and will continue on Thursday with Attorney General R Venkataramani and Solicitor General Tushar Mehta presenting their arguments on behalf of the Centre.

CJI Chandrachud said in order to maintain continuity of the hearing, the constitution bench will sit on August 28 (Monday), which is otherwise reserved for hearing miscellaneous and fresh matters.

Several petitions challenging abrogation of the provisions of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, which split the erstwhile state into two union territories – Jammu and Kashmir, and Ladakh – were referred to a Constitution bench in 2019.

Previous Post

No intention to touch special provisions related to North Eastern regions: Centre to SC

Next Post

Committed to fulfill resolve of corruption-free J&K: LG Sinha

Press Trust of india

Press Trust of india

Related Posts

No safe haven for cross-border smugglers, peddlers or terror financiers in J&K: LG

No safe haven for cross-border smugglers, peddlers or terror financiers in J&K: LG
June 7, 2026

Jammu: Lieutenant Governor Manoj Sinha on Saturday led a ‘padyatra’ (march) in Kishtwar as the ongoing drug-free J&K campaign reached...

Read moreDetails

J&K govt files review petition before SC on conduct of TET: Edu minister Itoo

Sakeena Itoo reviews performance, functioning of J&K Medical Supplies Corporation Limited
June 7, 2026

Srinagar: The Jammu and Kashmir government has filed a review petition before the Supreme Court on the conduct of the...

Read moreDetails

NC slams ‘unelected’ Mehbooba Mufti for visiting AIIMS to ‘review’ construction

Want elected govt to handle law & order: MLA Tanvir Sadiq
June 7, 2026

Srinagar: The ruling National Conference (NC) on Saturday termed as "unfortunate" the visit of former chief minister Mehbooba Mufti to...

Read moreDetails

HC cancels bail of rape accused, orders him to surrender

PM Modi inaugurating incomplete projects for votes: JKPCC
June 7, 2026

Srinagar: The High Court of J&K and Ladakh has cancelled the bail granted to a rape accused man from Sumbal,...

Read moreDetails

UNSC membership huge responsibility, not forum for peddling biased, false narratives: India slams Pak

Pakistan violated spirit of IWT by inflicting three wars, thousands of terror attacks on India: India tells UN
June 7, 2026

United Nations:  India has slammed Pakistan for its "unwarranted reference" to Jammu and Kashmir at the UN, telling the current...

Read moreDetails

Health sector reforms: CS calls for expansion of trauma, emergency, critical-care services

Chief Secy reviews Mission YUVA progress across J&K districts
June 7, 2026

Srinagar: Chief Secretary, Atal Dulloo, today chaired a comprehensive review meeting to assess the progress achieved under the Health Sector...

Read moreDetails
Next Post
Committed to fulfill resolve of corruption-free J&K: LG Sinha

Committed to fulfill resolve of corruption-free J&K: LG Sinha

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.