New Delhi: The Supreme Court has said that there is no question of a Brexit-like referendum on the abrogation of Article 370. The remarks were made by Chief Justice (CJI) DY Chandrachud during the hearing on Tuesday. A five-judge constitution bench headed by the CJI is hearing petitions challenging the abrogation of Article 370. J&K National Conference leader Mohammad Akbar Lone left the referendum issue in the court. Senior advocate Kapil Sibal, appearing for him, argued that the sentiment of the people of Jammu and Kashmir was not known before abrogating Article 370. Sibal argues that after the dissolution of the J&K Constituent Assembly in 1957, Article 370 became permanent. During the hearing, the CJI said that in a constitutional democracy, a Brexit-like situation cannot happen. Read, 5 big updates of the hearing in the Supreme Court on Tuesday
Hearing on Article 370 in Supreme Court: Kapil Sibal’s arguments
- Sibal argued that abrogation of Article 370 was a political decision like Brexit. Then the opinion of the British citizens was obtained through a plebiscite. Sibal said this was not the case when Article 370 was abrogated on August 5, 2019.
- Sibal asked, ‘Parliament gave its assent to the Act to unilaterally change the provision of the Constitution applicable to Jammu and Kashmir. The main question that this court has to decide is whether the Government of India can do so.
- Sibal repeatedly questioned the power of Parliament to abrogate Article 370 in the absence of the Constituent Assembly of Jammu and Kashmir.
- He said that only the Constituent Assembly was vested with the power to recommend abrogation or amendment of Article 370. Since the term of the Constitution Committee ended in 1957, the constitutional provision granting special status to Jammu and Kashmir was considered permanent. However, CJI Chandrachud was not impressed by Sibal’s arguments.
In a constitutional democracy, the work of ascertaining the opinion of the people should be done through established institutions. You can’t imagine a situation like Brexit like a referendum.
CJI DY Chandrachud
- The CJI agreed with Sibal’s view that Brexit was a political decision. However, he added, “There is no question of a plebiscite within a constitution like ours.”
Hearing on Article 370 LIVE: Today Gopal Subramaniam will cross-examine, see every update
Apart from the CJI, the constitution bench comprises Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Suryakant.
