Key Points
The Supreme Court Wednesday said there is "intrinsic evidence" that Article 370 has a "self-limiting character" and it seems to have worked itself out after the term of the Jammu and Kashmir Constituent Assembly ended in 1957..
"Really speaking, though the Constitution of Jammu and Kashmir framed its relationship with Union of India, unless that relationship was embodied in the Indian Constitution, how will it bind the dominion of India or Parliament for successive years after 1957," the bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, said...
CJI Chandrachud said in his view, Article 370 has two terminal points--first in clause 2 where it has been said that all decisions taken prior to the existence of the constituent assembly shall be placed for its approval and second, in proviso to clause 3, where it was said that the President can issue a notification declaring that Article 370 shall cease to exist or shall be operative with exceptions and modifications only on the recommendation of the Constituent Assembly of Jammu and Kashmir...
If there is complete silence in Article 370, then Article 370 possibly has worked itself out...," the CJI said.. CJI Chandrachud asked Sankaranarayanan that if this reasoning is to be accepted, then it means that once Article 370 worked itself out, the Constitution of Jammu and Kashmir will fill the void and that it will be the supreme document...
"But, if the terminal point of Article 370 is the constituent assembly, then is it not necessary that the work of constituent assembly of the state of J-K has to be embodied in this (Indian) Constitution to make it operational," the bench said.. CJI Chandrachud said that Article 370, which continued to exist in the Indian Constitution, itself points to its self-limiting character...
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