Article 370 inadvertently remained on the statute: SC

The Supreme Court Tuesday questioned the argument of the petitioners that no development in the Constitution (of India) could have applied to Jammu and Kashmir after 1957.

A five-member Constitution Bench headed by Chief Justice of India (CJI) D Y Chandrachud also questioned the argument raised by the petitioners that after the constituent assembly framed the Constitution of Jammu and Kashmir in in 1957, the dominion would have no powers to apply to Jammu and Kashmir.

"The net consequence (of the argument raised by the petitioners) will be that the application of Constitution of India will be frozen to the state of J&K after 1957... And any development in Constitution (of India) cannot apply at all to J&K after 1957. How can that be acceptable ?", the CJI, speaking for the Bench, verbally questioned.


The CJI went on to orally remark that if Article 370 continued to operate, then J&K remained an integral part of the nation just like any other democratically elected state. The CJI observed that "there has to be a provision in the Indian Constitution which excludes J&K. But there is none". He said the Constitution "does apply to J&K".