{"id":251643,"date":"2023-07-11T20:13:51","date_gmt":"2023-07-11T14:43:51","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=251643"},"modified":"2023-08-31T13:55:14","modified_gmt":"2023-08-31T08:25:14","slug":"day-to-day-supreme-court-hearings-from-aug-2-the-issues-in-challenge-to-centres-2019-jammu-kashmir-decisions","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/day-to-day-supreme-court-hearings-from-aug-2-the-issues-in-challenge-to-centres-2019-jammu-kashmir-decisions\/","title":{"rendered":"Day-to-day Supreme Court hearings from Aug 2: The issues in challenge to Centre\u2019s 2019 Jammu & Kashmir decisions"},"content":{"rendered":"\n

Source<\/strong>– The post is based on the article \u201cDay-to-day Supreme Court hearings from Aug 2: The issues in challenge to Centre\u2019s 2019 Jammu & Kashmir decisions\u201d <\/strong>published in the \u201cThe Indian Express\u201d <\/strong>on 11th July 2023<\/strong>.<\/p>\n

Syllabus:<\/strong> GS2- Polity<\/p>\n

Relevance-<\/strong> Issues related to special status of J&K<\/p>\n

News- <\/strong>The Supreme Court on Tuesday has said it will begin hearing petitions challenging the changes to Article 370<\/a>.<\/p>\n

What was the modus operandi used by the central government to change the constitutional status of J&K?<\/strong><\/h2>\n

The Centre issued an order amending The Constitution (Application to Jammu and Kashmir) Order, 1954<\/strong>, and superseding it with The Constitution (Application to Jammu and Kashmir) Order, 2019<\/strong>.<\/p>\n

The new order made \u201call the provisions of the Constitution\u201d applicable to J&K state. The government also amended Article 367 to add a new Clause (4<\/strong>). It makes the Constitution of India directly applicable<\/strong> to J&K.<\/p>\n

Article 370 provided for application of only Article 1 and Article 370<\/strong> to Jammu & Kashmir. Other provisions of the Constitution did not automatically extend to J&K. <\/strong><\/p>\n

But clause (1)(d) of Article 370<\/strong> empowered the President of India to extend them through an executive order with the concurrence of the government of J&K.<\/p>\n

The President issued a declaration under Article 370(3<\/strong>). It makes all its clauses inoperative except<\/strong>. The provision that all articles of the Constitution shall apply to J&K is still operative.<\/p>\n

What are the constitutional issues raised by this move of the central government?<\/strong><\/h2>\n

Article 370(3) <\/strong>granted the President the authority to declare Article 370 null and void<\/strong> only if recommended by the Constituent Assembly of Jammu and Kashmir.<\/strong><\/p>\n

However, the Constituent Assembly<\/strong> no longer existed. So, this power of the President became defunct.<\/strong><\/p>\n

Article 370 clarified that the state government referred to the Maharaja of J&K, who acted upon the advice of the council of ministers<\/strong>. There was no state government in J&K. So, the President had no means to obtain the consent of the state government.<\/p>\n

There was no constitutional or legal mechanism<\/strong> available to the Central government to revoke or amend Article 370.<\/p>\n

The Central government utilised the President’s powers under Article 370(1)(d)<\/strong> to modify Article 367, which provides guidelines for interpreting the Constitution. <\/strong><\/p>\n

A new clause was introduced into Article 367, replacing the “Constituent Assembly of the State” <\/strong>mentioned in Article 370(3) with the “Legislative Assembly of the State.”<\/strong><\/p>\n

During the President’s direct rule in J&K<\/strong>, the President assumed all the functions of the J&K government.<\/p>\n

President’s Rule serves as an interim arrangement<\/strong> until an elected government<\/strong> is established, and thus, the administration under President’s Rule should not make decisions that fundamentally alter the constitutional structure of the state.<\/strong><\/p>\n

On what basis, the abolition of Article has been challenged before SC?<\/strong><\/h2>\n

The J&K Legislative Assembly did not possess the authority to propose any amendment to the Constitution of India as per J&K constitution.<\/strong><\/p>\n

The Jammu and Kashmir (Reorganisation) Ac<\/strong>t, 2019 divided J&K into two Union Territories. It is unprecedented in India’s constitutional history.<\/strong><\/p>\n

It violates Article 3<\/strong> of the Indian Constitution. The President must refer such type of Bill to the legislature of that state.<\/p>\n

The Parliament cannot substitute the state legislature.<\/strong> Under the President’s Rule, only the essential powers <\/strong>required to handle the day-to-day affairs of the state can be exercised by Parliament.<\/p>\n

The constitutional changes are “colourable legislation<\/strong>“. This is an attempt to disguise the true purpose<\/strong> and are therefore legally invalid.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Source– The post is based on the article \u201cDay-to-day Supreme Court hearings from Aug 2: The issues in challenge to Centre\u2019s 2019 Jammu & Kashmir decisions\u201d published in the \u201cThe Indian Express\u201d on 11th July 2023. Syllabus: GS2- Polity Relevance- Issues related to special status of J&K News- The Supreme Court on Tuesday has said… Continue reading Day-to-day Supreme Court hearings from Aug 2: The issues in challenge to Centre\u2019s 2019 Jammu & Kashmir decisions<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500,225],"class_list":["post-251643","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","tag-polity","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/251643","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=251643"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/251643\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=251643"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=251643"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=251643"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}