Article 370 case: SC asks petitioner MP to file affidavit pledging allegiance to Constitution

Article 370 case: SC asks petitioner MP to file affidavit pledging allegiance to Constitution

Subject: Polity

Section: Constitution

Context: Supreme Court asks Article 370 Case Petitioner to file affidavit accepting India’s Sovereignty & affirming allegiance to Indian Constitution

More about the news:

•  The five-judge bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, justices Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai and Surya Kant asks Article 370 Case Petitioner Akbar Lone to file affidavit accepting India’s Sovereignty & affirming allegiance to Indian Constitution within 24 hours.
• A complaint was filed against Lone by Roots in Kashmir, an organization of Kashmiri Pandit youth,
• It was contended in the application that Lone is known as a prominent advocate for secessionist forces in Jammu and Kashmir.

What is the Constitutional Principles involved:

• The core legal arguments in these challenges revolve around the principles of constitutional interpretation, separation of powers, and the procedure for amending or altering the Constitution.
• The petitioners assert that the use of Article 367 to effect substantive changes to Article 370 goes beyond the scope of interpretative powers and violates the constitutional procedure for amending the Constitution.

What was Article 370 and its features:

• Article 370 was a provision in the Indian Constitution that granted special autonomous status to the state of Jammu and Kashmir.
• It was intended to provide temporary provisions for the governance of Jammu and Kashmir following its accession to India in 1947.
• The provision allowed Jammu and Kashmir to have their own constitution, a separate flag, and a high degree of autonomy in matters of governance.
• However, defense, communication, and foreign affairs were not under the purview of the state and were controlled by the Indian government.