Article 370 verdict: A missed opportunity to rein in an unrestrained exercise of power
Prameela K
Published on: 24 December 2023, 05:50 am
What the judgment ended up with is to validate an act that tested the elastic limits of the tether that binds the government to the Constitution, writes Mohammad Wasim.
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FOUR years after Article 370 was de-operationalised, the Supreme Court has held the Presidential Orders [Constitution (Application to Jammu and Kashmir), Order 2019 or CO 272 and Declaration Under Article 370(3) of the Constitution or CO 273] and the Jammu and Kashmir Reorganisation Act, 2019 constitutionally valid.
However, the rationale used by the Supreme Court to reach the conclusions was stretched and did little to enhance confidence in the judicial process.
Nor did the judgment do much to restore the statehood of Jammu and Kashmir (J&K), which itself would not be anything more than a consolation for the people of the State.
In any case, the judgment merits a closer look.
