No “constitutional fraud” in repealing the provision giving special status to Jammu & Kashmir, Centre tell SC

The Centre government on Thursday asserted the top court that there was no “constitutional fraud” in annulling the provision that accorded special status to the erstwhile state of Jammu and Kashmir.

Appearing for the Centre government Attorney General R Venkataramani said it was necessary to abrogate Article 370 and there were no infirmities in the process adopted. There was no constitutional fraud, as alleged, in abrogation of the provision. AG Venkataramani, further argued that “Due process was followed. There was no wrongdoing and there was no constitutional fraud as alleged by the other side. The step was necessary to be taken. Their argument is flawed and inconceivable,” Venkataramani told the bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.

The five-judge constitution bench headed by Chief Justice D Y Chandrachud, told Solicitor General Tushar Mehta, who appeared for the Centre, that eventually he will have to explain how the word “constituent assembly” which existed in clause 2 of Article 370 was replaced with the word “legislative assembly” August 5, 2019, the day the provisions of Article 370 were done away with.

CJI Chandrachud told Mehta “You will have to argue how it was not a constituent assembly but a legislative assembly in its original form. You will have to answer how it will square up with clause 2 of Article 370 which specifically says the constituent assembly formed for the purpose of framing the constitution of that state….because, there is a textual answer which may militate against your line of approach,”

The solicitor general replied that he would try to satisfy the conscience of the court and explain the procedure adopted and how it was constitutionally permissible.
The hearing will resume on August 28.