Supreme Court Asserts President’s Authority to Reorganize States Amidst Article 370 Debate

New Delhi, August 17, 2023: The Supreme Court, in the ongoing case concerning the abrogation of Article 370 and the restructuring of Jammu & Kashmir into two Union territories, affirmed that the Constitution grants the President the authority to reorganize states. Responding to arguments, the court underscored that the President’s powers aren’t restricted, even during a state of emergency.

The Constitution Bench, led by Chief Justice of India Dhananjaya Y Chandrachud, responded to the contention that Article 370 couldn’t be abrogated during the President’s rule, stating that such a broad assertion might not hold legal weight. The bench noted, “Such a broad proposition with regard to articles 3 and 4 may not be correct in terms of the language used in Article 356(1)(c)… So, if you are making a broad proposition like that, it is very difficult to accept.”

The bench emphasized that the Constitution empowers the President to suspend or alter constitutional provisions pertaining to any state body or authority. While representing the Jammu and Kashmir People’s Conference, senior counsel Rajeev Dhavan argued that the President couldn’t suspend the requirement of obtaining a state’s views before reorganizing it.

The court raised questions about locating such restrictions within the Constitution itself, highlighting that the Constitution explicitly permits the President to declare that the legislature’s powers can be exercised by Parliament. Dhavan concluded his arguments, urging the restoration of J&K’s statehood and fresh assembly elections.

Senior advocate Dushyant Dave, arguing on behalf of another petitioner, contended that the abrogation of Article 370 required a constitutional amendment, demanding a two-third majority in Parliament and state legislature concurrence.

A myriad of petitions challenge the Article 370 abrogation, asserting that consent from the Constituent Assembly was necessary. Others questioned the validity of President’s Rule during the abrogation. The Supreme Court initiated day-to-day hearings on the case from August 2.

The case has profound implications for the constitutional landscape and the interpretation of presidential powers, as the court delves into a complex legal debate amidst the backdrop of Jammu & Kashmir’s reorganization.