No illegality in scrapping Article 370 say experts
Kolkata, Aug 06: Former Supreme Court judge Justice Ashok Kumar Ganguly (Retd) said that abolition of Article 370 that granted special status to Jammu and Kashmir is "apparently" not unconstitutional.
He said the decision to grant special status to Jammu and Kashmir under Article 370 of the Constitution was temporary and transitional, and as such it cannot last forever.
"That temporary provision continued for more than 70 years, how long can it continue? I cannot say whether it is politically wise or not, but apparently, it is not unconstitutional," Ganguly said.
He said that if the abrogation of Article 370 is challenged in court, it might take a different view on a deeper probe, but "apparently there is no unconstitutionality in it".
Mr Ganguly said that under Article 370 (sub-article 3), there is a provision for withdrawing this special status, which can be done by the President in consultation with the state Assembly.
"Since there is no state Assembly now (in J&K) and President's Rule is in operation, the entire legislative function vests in the President," Ganguly, who was a Supreme Court judge from December 2008 to February 2012, said.
Meanwhile, retired IAS officer Wajahat Habibullah said that the government's decision to revoke Article 370 is a "regressive and unwise" step as it will reduce the power of the common man who will be part of a Union Territory now.
Habibullah, who had served in various districts of the state, said he was unsure as to how the new step of the Modi government would help in reducing or checking terrorism in the state.