Ex-CJI Chandrachud's 'hard talk' on Article 370 verdict: '75 years too less for abrogating a transitional provision?'

Former Chief Justice of India DY Chandrachud. (File Photo: PTI)

Former Chief Justice of India DY Chandrachud has said that the introduction of Article 370 into the Constitution was transitional arrangement and defended the top court's judgment in the case which had challenged the Centre's move to revoke Jammu and Kashmir's special status.

Justice (retd) Chandrachud was responding to a question on the criticism of the SC's judgment dismissing the petitions challenging the Centre's decision to abrogate Article 370 of the Constitution in an interview with journalist Stephen Sackur on BBC's HARDtalk.

Dismissing the criticism against the verdict, the former CJI, who was the author of one of the judgments in the case, pointed out that Article 370, when it was introduced into the Constitution, was part of a chapter which is titled Transitional Arrangements, and was later renamed Temporary and Transitional Arrangements.

"Therefore at the birth of the Constitution, the assumption was that what was transitional would have to fade away and merge with the overall context of the Constitution. Is 75 plus years too less for abrogating a transitional provision?" he asked.

Justcie (retd) Chandrachud further observed that the democratic process in Jammu and Kashmir must be restored and a democratically elected government is in place now.

"There has been a peaceful transfer of power to a government which is a political party which is not of the dispensation as the Union government in Delhi. This is a clear indicator that democracy has succeeded in Jammu and Kashmir," he said.

The former CJI was then questioned about the status of statehood of Jammu and Kashmir, which has been kept hanging despite the formation of a government in the erstwhile state. Full statehood is one of the key demands of the Chief Minister Omar Abdullah-led government in Jammu and Kashmir and also featured in his list of poll promises.

Reacting to the criticism, Justice (retd) Chandrachud said that the top court had ensured democratic accountability and the criticism that the court failed to apply its constitutional mandate was misplaced.

"Therefore the Supreme Court has ensured democratic accountability, a people's government is in place, so the criticism that we didn't apply our Constitutional mandate is not correct," the former Chief Justice said.