Creation of UT out of State has grave consequences: Justice Khanna

New Delhi: Supreme Court judge Sanjiv Khanna on Monday said conversion and creation of a Union Territory from a State has grave consequences and has to be justified by giving very strong and cogent grounds.

"Union Territories are normally geographically small territories, or may be created for aberrant reasons or causes. Conversion of a State into Union Territory has grave consequences, amongst others, it denies the citizens of the State an elected state government and impinges on federalism," he said.

Justice Khanna said such a decision must be in strict compliance with Article 3 of the Constitution of India.

Article 3 of the Constitution dealt with the power of formation of new States and alteration of areas, boundaries or names of existing States.

In his separate and concurring judgement, he said Article 370 was enacted as a transitional provision and did not have permanent character.

"The abrogation of Article 370 doesn't negate the federal structure, as the citizens living in Jammu and Kashmir do and will enjoy same status and rights as given to citizens residing in other part of the country," he said.

Justice Khanna, in his own judgement, has concurred with the reasonings of Chief Justice D Y Chandrachud, author of lead judgment and Justice Kaul.

"Both judgments are in seriatim and uniformly agree that Article 370 of the Constitution was a feature of asymmetric federalism and not sovereignty. Article 370 was enacted as a transitional provision and didn't have permanent character. The abrogation of Article 370 doesn't negate the federal structure, as the citizens living in Jammu and Kashmir do and will enjoy same status and rights as given to citizens residing in other parts of the country," he wrote.