A five-judge constitutional bench headed by Chief Justice DY Chandrachud is considering petitions to scrap Article 370 in Jammu and Kashmir. On Tuesday, senior advocate Kapil Sibal argued on behalf of the petitioner before the Court. Mr. Sibal also argued in favor of a referendum like Brexit. The Supreme Court is currently hearing petitions challenging the abolition of Article 370 in Jammu and Kashmir. On Tuesday, the Court made an important comment. The Supreme Court said there was no question of a Brexit-style referendum on the repeal of Article 370 in Jammu and Kashmir. The Court is assessing the constitutional legality of the repeal. The Supreme Court has stated that India is a constitutional democracy, where the will of its residents can only be ascertained through established institutions.
Britain’s separation from the European Union has been dubbed “Brexit”. Britain’s exit from the European Union was fueled by growing nationalist fervor, stricter immigration rules and a struggling economy. A referendum on Brexit was held in Britain in 2016. The majority of citizens voted in favor of Britain’s separation from the European Union. The Cameron government was forced to resign after the referendum result. The government was then formed under the leadership of Theresa May of the Conservative Party.
On Tuesday, the five-judge constitutional bench led by the CJI made this comment on “Brexit” following an argument by senior counsel Kapil Sibal. Mr. Sibal had said that the repeal of Article 370 of the Constitution was a political decision like Brexit, where the opinion of British citizens was taken from a plebiscite. He explained that under Article 370, Jammu and Kashmir had the status of a special state.
Supreme Court hearing on Article 370, mention of Constituent Assembly, read Sibal’s argument and the CJI question
Sibal added that when Article 370 was repealed on August 5, 2019, no such opinion was sought from anyone. Mohammad Akbar Sibal, leader of the National Conference, represented Lone. Lone challenged the repeal of Article 370.
Sibal also raised questions about the power of Parliament.
Sibal said that Parliament had approved the law to unilaterally amend the provisions of the Constitution applicable to Jammu and Kashmir. The biggest question for this Court to decide is whether the Indian government can do this. Sibal has repeatedly questioned the power of Parliament to repeal Article 370 in the absence of the Constituent Assembly of Jammu and Kashmir. He has always maintained that only the Constituent Assembly has the power to recommend the repeal or amendment of Article 370. As the mandate of the Constitutional Committee ended in 1957, the constitutional provision granting special status to Jammu and Kashmir was considered permanent.
I can’t imagine a referendum like the Brexit.
In addition to the CJI, the constitutional bench also includes Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Suryakant. However, Justice Chandrachud was not impressed by Mr. Sibal’s arguments. The CJI said that, in a constitutional democracy, the work of obtaining people’s opinions should be done through established institutions. That’s why we can’t imagine a referendum-style situation like Brexit. He agrees with Mr. Sibbal’s view that Brexit is a political decision, but there is no question of a referendum in a constitution like ours.
It is written in the book “The Man Who Saved India” that a year before independence, Sheikh Abdullah led a great movement against Maharaja Hari Singh in Jammu and Kashmir, in the name of religion. Jawaharlal Nehru and Sheikh Abdullah enjoyed a deep friendship. That’s why Nehru didn’t try to understand the Kashmir situation properly. He continued to form his opinion on the basis of information provided by Sheikh Abdullah. Sheikh Abdullah was Farooq Abdullah’s father. Initially, he was in favor of the merger of Kashmir with India. But when the merger took place, he started talking about Kashmir’s independence and turned away from the old rhetoric.
- It is believed that if Prime Minister Nehru had taken this proposal seriously, Kashmir could have been merged with India at independence. the 1947 war
It doesn’t even matter.
- Two other major mistakes were made with regard to Kashmir. First, to make the last Viceroy of India, Governor Lord Mountbatten, the country’s first Governor General. Even after independence, he was the country’s first Governor General, running the country. After independence, this responsibility should have been entrusted to an Indian leader. But Pakistan categorically refused. That’s when the first Governor General, Mohammad Ali
For this reason, Mountbatten was involved in the whole process of Kashmir’s amalgamation with India. He also paid a four-day visit to Kashmir at the time. Mountbatten had told Maharaja Hari Singh that as soon as law and order were restored in Kashmir and the aggressors expelled, the question of amalgamation would be settled with the help of the people. This means there will be a referendum.
What’s important is that Nehru was saying the same thing at the time.
- Secondly, on January 1, 1948, the Kashmir question was officially raised by India at the United Nations. This decision is considered a serious mistake. Since then, the issue has become internationalized. Kashmir, which should have been an internal Indian issue, has become a major international one. Pandit Nehru himself took the issue to the United Nations. In the meantime, Jammu and Kashmir had become a conflict zone.
In the meantime, Jammu and Kashmir has been given the status of a special state in the Constitution of India. Dr Bhimrao Ambedkar strongly opposed this.