It is a land-mark judgment passed by the J &K High Court of Judicature on the nature of the Article 370 of the Constitution of India. It is a heartening situation that Justices Hasnain Masoodi and Janak singh have delved deeper to finally opine that the Article has assumed Permanence in the Constitution in India. The Division Bench has given cogent reasons on how despite the fact that the Article has been described as temporary and transitory in the Constitution of India, it has assumed permanenence. In a statement to KNS, senior congress leader and former union minister Saif-uddin Soz said apart from the legality to which the Hon’ble judges have taken recourse, there are two major factors both constitutional and political, why this Article has assumed permanence in the Constitution of India. One is that once the Article came up for consideration of the State’s Constituent Assembly, the last authority to go into this proposition, its verdict became permanent. When the Constituent Assembly completed its business in 1957, it left the Article as it is. There after there is no authority in existence to abrogate or, amend it in any manner. The Hon’ble judges have discussed the authority of the President of India very correctly and the final position remains that there is no authority to abrogate or amend this article. The political reason why the State’s Constituent Assembly left is as it is was that the supremacy of the people of the state was accepted who alone had the authority to amend it ,if they deemed proper, at any stage. The people of the State are steadfast on the fact that Article 370 is irrevocable. The people of the State also understand that Article 370 is bridge between The J&K State and the Union of India. The judgment will last the Hon’ble Supreme Court to deal with the implications of Article 35 A of the Constitution of India which is under bits consideration.
2015 Kashmir Despatch