Won't Rely On Centre's Article 370 Affidavit For Larger Issue: Court

Following a submission from the centre, the Supreme Court said today that the government's fresh affidavit on Article 370 will have no bearing on the constitutional issue and it will not be relied on for the purpose. 

The court was hearing a clutch of petitions challenging the abrogation of Article 370 in Jammu and Kashmir and the state's bifurcation into two Union Territories.

In its affidavit filed before the Supreme Court yesterday, the Union Home Ministry had defended the scrapping of Article 370 and cited the improved law and order situation in Kashmir to justify the decision it had taken in August 2019.

During the proceedings today, Solicitor General Tushar Mehta told the court that the centre has filed an additional affidavit setting out its view on developments after the notification of Article 370's abrogation. He said the affidavit would have no bearing on the constitutional question.

Taking note of the submission, Chief Justice of India D Y Chandrachud said, "Contents of the affidavit by the Union Government will have no bearing on the constitutional issue and, thus, is not to be relied on for that purpose." 

The five-judge Constitution Bench listed the case for day-to-day (except miscellaneous days) hearing from August 2 and set July 27 as the deadline for submitting documents. Laying down modalities of how the case will be adjudicated, CJI Chandrachud said that, for all constitution bench matters, everyone should be aware of what is being argued at least a week before hearings start. 

In its affidavit, the Home Ministry had told the court that the abrogation of Article 370 led to "unprecedented stability and progress" in Kashmir and that shutdowns and stone-pelting have become a thing of the past.

"It's submitted that, since 2019, the entire region has witnessed an unprecedented era of peace, progress and prosperity.  Life has returned to normalcy in the region after three decades of turmoil. Schools, colleges and other public institutions are functioning efficiently in the last three years" the ministry said. 

Two former chief ministers, Omar Abdullah and Mehbooba Mufti, and People's Conference  leader Sajad Lone have said that the centre's affidavit is a political argument and not a legal one.

The centre also cited Panchayat elections in Jammu and Kashmir and said democracy was being strengthened at the grassroots.

"It's submitted that after the constitutional changes, democratically made, major steps were taken to strengthen grassroots democracy. For the first time in its history, a duly elected 3-tier Panchavati Raj System has been established in Jammu and Kashmir. Elections for the members of the District Development Councils were held in Jammu & Kashmir in November-December 2020," the affidavit states. 

Panchayat elections were held in Jammu and Kashmir in 2018, after a two-year delay.

The Supreme Court also changed the title of the case today after IAS officer Shah Faesal and former student leader Shehla Rashid Shora withdrew their petitions. 

20 petitions have been filed against the revocation of Article 370 and the bifurcation of the state of Jammu and Kashmir into two Union Territories

At the heart of the case are questions on the role of the Governor in the absence of an elected state government and whether the Parliament can make such a constitutional change and turn a state into a Union Territory without the consent of the state legislature.