Article 370 Hearing: Petitioners Question Potential Implications in Gujarat and Maharashtra

In the ongoing Article 370 hearing at the Supreme Court, senior advocate Dushyant Dave, representing a petitioner, raised an important question regarding the potential consequences if a decision similar to the abrogation of Article 370 were to occur in states like Gujarat or Maharashtra. This query highlights concerns about the abuse of power and the impact on the rule of law.

During the hearing, Dave expressed his apprehension about the government’s actions, stating that the decision to withdraw support from the Jammu and Kashmir government and subsequently pass orders under Article 370 was a clear example of an abuse of power. He emphasized that granting such extensive power to a majoritarian government could lead to the destruction of the rule of law. Dave further argued that if this decision could be implemented in Jammu and Kashmir, there is a possibility that other political parties in power might make similar decisions that are not in the national interest. He questioned why such actions could not be taken in states like Gujarat or Maharashtra.

Dave also drew attention to the presence of insurgencies in various states, such as the North East and Punjab, and warned that disintegrating states into Union Territories would not be a viable solution. He stressed the importance of upholding the rule of law and preventing the dilution of mandatory provisions.

Another senior advocate, Rajiv Dhavan, highlighted the constitutional implications of suspending the operation of any provision of the Constitution through a presidential proclamation. He argued that such actions were subversive to the constitution itself and emphasized the need to refer bills to the legislature before invoking Article 3. Dhavan pointed out that during presidential rule, Article 370, as well as Articles 3 and 4, cannot be imposed by either Parliament or the President due to conditionality.

The ongoing Article 370 hearing in the Supreme Court has raised significant concerns about the potential implications of similar decisions in states like Gujarat and Maharashtra. The petitioners have emphasized the importance of upholding the rule of law and preventing the abuse of power. The hearing will continue on Thursday, providing further insights into this crucial matter.