The Chandrachud legacy: A stellar contribution undiminished by controversy
2 weeks, 5 days ago

The Chandrachud legacy: A stellar contribution undiminished by controversy

New Indian Express  

It is not easy to understand, appreciate and accept the position that the President has the power to unilaterally issue a notification under Article 370 and that concurrence of the state government is not necessary for exercising power under Article 370. If power under Article 370 could be exercised unilaterally without any condition, then the substitution of ‘Legislative Assembly’ for ‘Constituent Assembly’ was not required and Para 2 of CO 272 being held as ultra vires was inconsequential. It can be supported only if the alternative argument of the Union of India that the power under Article 370 subsists independent of the proviso after the Constituent Assembly of the state was dissolved in 1957 is accepted in which case the invalidity of the substitution to the proviso to Article 370 would not affect the exercise of power by the President resulting in CO 273. While the extension and application of the whole Constitution to J&K may be achieved by exercise of power under both the provisions, issuance of orders under Article 370 extending and applying all provisions of the Constitution to J&K, would still keep Article 370 alive and operable. This holds good in decisions like taxing mineral rights -- Mineral Area Development Authority v Steel Authority of India 2024 SCC OnLine SC 1796, regulating industrial alcohol -- U.P.

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