Introduction
In a significant development, the Supreme Court of India has dismissed any notion of a Brexit-like referendum pertaining to Article 370, a constitutional provision that granted special autonomy to the region of Jammu and Kashmir. A five-judge bench headed by Chief Justice DY Chandrachud responded to the argument put forth by senior advocate Kapil Sibal, who drew a parallel between the repeal of Article 370 and the Brexit process.
Sibal, representing National Conference leader Mohd Akbar Lone, challenged the scrapping of Article 370 and contended that the move was akin to a political act such as Brexit.
He repeatedly questioned the authority of the Indian Parliament to revoke Article 370 without the involvement of the constituent assembly of Jammu and Kashmir.
The constituent assembly, which existed until 1957. It had the power vested to recommend the repeal or modification of Article 370. Sibal argued that since the constituent assembly had ceased to exist after 1957, Article 370’s special status for Jammu and Kashmir had acquired a permanent character.
CJI Makes a statement
However, Chief Justice Chandrachud countered this argument by asserting that in a constitutional democracy, seeking the opinion of the people should be done through established institutions.
He emphasized that the will of the people must be expressed and sought through these institutions. Along with this he stated that there was no provision for a Brexit-style referendum within India’s constitutional framework. The Chief Justice agreed with Sibal’s assessment that Brexit was a political decision but underlined that, within the Indian Constitution, a referendum of such nature was not feasible.
The legal battle revolves around the controversial decision taken on August 5, 2019, to abrogate Article 370, which granted Jammu and Kashmir a special autonomous status.
The move also led to the bifurcation of the region into two separate Union Territories – Jammu & Kashmir and Ladakh. Sibal’s argument has centered on the absence of the constituent assembly’s involvement in the decision to revoke Article 370.
Conclusion
This hearing, which spanned several days, marked a crucial moment in the ongoing legal debate over the validity of the decision to scrap Article 370. The Supreme Court’s stance on the comparison between Article 370 and Brexit adds a new dimension to the arguments surrounding the issue. The case continues to unfold, with further hearings scheduled to take place in the coming days.
