Experts on Article 370 repeal: some say 'overdue', others call it 'misadventure'
However, former attorney general Soli Sorabjee says 'nothing revolutionary' has been done.
The government’s decision to abrogate Article 370, which gave special status to Jammu and Kashmir, evoked mixed response from legal experts on Monday. Some hailed it as “historic” and “long overdue” step, while others called it “political misadventure” fraught with danger.
The Modi government has repealed Article 370 and simultaneously moved a separate bill to bifurcate the state into two separate Union Territories of Jammu and Kashmir, and Ladakh.
Senior advocate and constitutional law expert Rakesh Dwivedi said: “It (the decision) is completely legal. There is no chance of a plea against the government’s decision succeeding.”
“It was a long overdue, historic step. It should go and it is no more required. It is a welcome step. Kashmir was also open for outsiders so I don’t understand why there should be Article 35A.”
On the other hand, former Union Law minister and senior Congress leader and advocate Ashwini Kumar said, “The decision of the Union government to alter the status of the Jammu and Kashmir is fraught with serious political consequences for the nation.”
Former Attorney General Soli Sorabjee felt that “nothing revolutionary has been done (by the government);” only laws which were not applicable to the state till now, will be applicable now.
“It is very complicated legal situation and I have not fully analysed it. It appears what they (Centre) have done is superseded the old Presidential order,” former Solicitor General and senior advocate Harish Salve said.