Former Supreme Court Judge Calls The Recent Ruling Of Article 370 As Disturbing
Justice Rohinton Nariman, the former Supreme Court Judge reacted to the top court’s latest judgement on the abrogation of Article 370 of the Constitution that bestowed special status to Jammu and Kashmir. He called the judgement very disturbing. He said, by refusing to decide on the conversion of the State into Union Territory, the Supreme Court has allowed the Central government to bypass the Article 356, according to which, the President is allowed to rule in a state only for a year.
He said, Article 356 deals with Constitutional breakdown, when Centre takes over, in no circumstances can it go beyond one year, unless there is national emergency or Election Commission should say elections are not possible”, as quoted by Bar and Bench. In the matter of the Supreme Court’s reasoning of not deciding the same on an assurance from Solicitor General (SG), Tushar Mehta, that statehood shall be restored to Jammu and Kashmir soon, the former top court judge said the Solicitor General do not have the authority to do so. He said the Solicitor General do not possess the power to “bind the successor government” and la wis needed for the act of changing Jammu and Kashmir back to Union Territory.
He said, “the Solicitor General does not have any authority to bind the successor government. We are going to have a successor government from May next year. Second, and more importantly, he (SG) has no authority to bind the legislature. And this is going to be a legislative act. Justice Nariman pointed out the Supreme Court’s decision to not to decide on the decide in the said question because the Supreme Court accept the assurance from the Solicitor General of India that Statehood will follow shortly and elections will be held’.
The former Supreme Court Judge pointed out three other disturbing events of the recent past apart from Article 370. That were the income tax raid on BBC, law on appointment of Election Commissioners and the actions of Kerala Governor. He called the raid on BBC after the release of the documentary on Narendra Modi as “the first difficult questionable incident that took place earlier this year”.
On the question of the proposed law on appointing the Election Commission of India, he said, “this is the second most disturbing thing because if you are going to get the Chief Election Commissioner and other Election Commissioners appointed in this fashion, free and fair election are going to become a chimera”. He said the law severely impairs the independence of the Election Commission.
Justice Nariman remarked the action of Kerala Governor, Arif Mohammed Khan who refer seven of eight bills to President, he said it makes the legislative activity of the state to standstill. He said, “if there is a wholesale reference to the President, then the legislative activity of State come to a standstill. He also called for overruling the BK Pavitra case that enable the governor to send bills to President. He called the act, the “end of the Bill and end of Federalism”.
