Removal of Article 370: Not a constitutional fraud – Centre submits to Supreme Court

New Delhi: The central government on Thursday asserted in the Supreme Court that the move to withdraw the special status granted to the erstwhile state of Jammu and Kashmir under Article 370 of the Constitution was not a ‘constitutional fraud’.

Attorney General R. Venkataramani, who argued for the central government, said, ‘It was necessary to withdraw the special status given to Jammu and Kashmir. There were no errors in the process followed in this matter, he said.

A five-member bench headed by Chief Justice DY Chandrachud heard the petitions challenging the Centre’s decision to withdraw the special status granted to Jammu and Kashmir under Article 370 of the Constitution.

The CJI said, ‘The path followed for withdrawing of special status should be reasonable’.

Responding to this, Venkataramani said, ‘Necessary guidelines have been followed in this matter. “There is no constitutional fraud as alleged by the petitioner”, he said.

Addressing Solicitor General Tushar Mehta, Chandrachud said, ‘Explain how the word ‘Constituent Assembly’ was changed to ‘Legislative Assembly’ on August 5, 2019, in Section 2 of Article 370.

I will explain to you how Article 370 was implemented in 2019. The constitutional organs such as the state government and the President, by consulting each other, can amend any part of the constitution and apply it to Jammu and Kashmir as per the need, said Mehta.

The bench adjourned the hearing to August 28 arguments were incomplete.

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