CJI-SC Order Wrong ? Article 370 Ruling Questioned ? https://www.youtube.com/watch?v=LDhkHM-C6RU Law Chakra
Dec 17, 2023 SUPREME COURT OF INDIA
Justice Nariman expressed his concerns about the Supreme Court’s judgment on the abrogation of Article 370. He questioned the decision to convert Jammu and Kashmir into a Union Territory, bypassing Article 356.
https://lawchakra.in/supreme-court-order-on-article-370-disturbing-justice-r-nariman/
the ban on a BBC documentary on Narendra Modi and the harassment of the broadcaster; the revamp of the panel that selects election commissioners; the Kerala governor’s stalling of legislation passed by the Assembly; and the Supreme Court’s delay in ruling on the abrogation of Article 370 and its sidestepping of the constitutionality of the withdrawal of Jammu and Kashmir’s statehood.
This week, while upholding the abrogation of Article 370, the apex court had cited the solicitor-general’s assurance and refrained from giving a specific ruling on the constitutionality of the withdrawal of Jammu and Kashmir’s statehood.
“The solicitor-general does not have any authority to bind any successor government…. Second, and more importantly, he has no authority whatsoever to bind the legislature. And this is going to be a legislative act,” Nariman said.
“So, to say ‘We won’t decide’ means, in effect, you have decided. You have allowed this unconstitutional act to go forward for an indefinite period of time and you have skirted Article 356(5). These are all very disturbing things.”