Art 370 can’t be unilaterally abrogated: Ex-SC judge

The Supreme Court has ruled that Article 370 is a permanent feature of the Constitution, which cannot be unilaterally abrogated, a retired judge of the top court said.

Speaking at a seminar on ‘Constitution, Democracy and Jammu and Kashmir here on Sunday, Justice (retired) V Gopala Gowda said that the Centre had “erred” by not taking the mandatory consent of the J&K legislative assembly before amending Article 370. This amounts to a violation of the terms of the Instrument of Accession, by which Kashmir had become a part of India, he added.

CPI(ML) (Liberation) leader Kavita Krishnan, who visited the valley from August 9 to 13, said Kashmir had now turned into a “giant prison”.

She said Kashmiris described Article 370 as a marriage contract. Now that India has ended the relationship, “they can only keep us through military force”, she quoted them as saying. She called the ongoing blockade in J&K as a “war against people”.

Mohan Raj, of the Dalita Sangharsha Samiti (Bheemavada), said the abrogation of Article 370 showed the government’s lack of respect for the Constitution.