New Delhi: Senior Supreme Court lawyer Gopal Subramanium on Wednesday argued that the Constituent Assembly of Jammu & Kashmir has expressly affirmed by a resolution that it didn’t want Article 370 to be abrogated.
Appearing on behalf of petitioner Muzaffar Iqbal Khan, Subramanium submitted that it is incorrect to say that the Constituent Assembly remained silent on the fate of Article 370, saying they wanted it to continue and be the language of communication between two constitutions. He argued that the Constitution of India and the Constitution of Jammu & Kashmir speak to each other.
“They exist together and their complementary existence is the quintessential of the relationship between India and Jammu and Kashmir,” he argued.
He argued that the Constitution of India recognises asymmetric federalism and the purpose of asymmetry is to take note of special conditions and special needs of people.
He submitted that constitution orders 272 and 273 issued in August 2019 in “sum and substance “do away with the Constitution of J&K, but added that it is impressible and not authorised.
Subramanium also argued that Jammu & Kashmir was not like any other state and had its own 1939 constitution prior to signing of instrument of accession with India.
The Supreme Court is currently hearing petitions challenging abrogation of Article 370. In August 2019, the Government of India abrogated Article 370 and reorganized Jammu & Kashmir into two Union Territories
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