Court challenge on Article 370 may be difficult: Legal experts

New Delhi: The political and legal fraternity are expecting a legal challenge to the Centre’s decision to make Article 370 ineffective and bifurcation of the state into two Union territories. While Congress leader P Chidambaram indicated the same in Rajya Sabha, home minister Amit Shah said he was confident the government decision would pass legal scrutiny.

Senior lawyer Siddharth Luthra said there could be legal challenges to the government move on the questions of federalism and the effect of instrument of accession by which J&K was made part of the Union of India. Luthra pointed out to ET that a 2016 Supreme Court order by Justice Kurien Joseph and Justice Nariman in the State Bank of India Vs Santosh Gupta case has “already settled one issue on the J&K front” when they ruled that after J&K joined Union of India by signing the instrument of accession, “the state does not anymore enjoy elements of sovereignty”.

Luthra also felt that the government, by amending Article 367 and Article 370, and by securing the governor’s assent at a time when J&K assembly stands dissolved, has tried to legally fire-fence the legislative route it has taken while saying “it is too early to guess which way the legal test will play out.”


Former attorney general Mukul Rohatgi said the Congress may challenge the move in court but it won't hold.