Post-1957, President retains power to scrap Article 370: Supreme Court
The HinduThe Supreme Court on August 2 raised the question whether the President’s power to declare inoperative Article 370 of the Constitution, which granted special status to Jammu and Kashmir, will not continue to hold the field after the dissolution of the erstwhile State’s Constituent Assembly on January 26, 1957. Mr. Sibal asked how the Parliament could have declared itself the legislature of J&K in place of the J&K Constituent Assembly in order to abrogate Article 370. “So, you are saying that though Article 370 was created as a temporary provision, it became permanently engrafted into the Constitution after 1957 with the dissolution of the Constituent Assembly,” Justice S.K. Article 370 was called ‘temporary’ because the Constitution always wanted the J&K people to decide their future… Article 370 could have been abrogated only by a vote of confidence in the Constituent Assembly,” he responded. ‘Collaborative relationship’ Mr. Sibal highlighted that the Union and the State of J&K had enjoyed a “collaborative relationship with constant dialogue” through the years.