Supreme Court retired judge Justice Sanjay Kishan Kaul said that the verdict of the apex court on Article 370 cannot be looked at from a federalism point of view. He retired from his post on December 25.
The Supreme Court faced criticism from certain sections of society in its judgment, in which it upheld the Center’s decision to abrogate Article 370. This provision gave special status to the erstwhile state of Jammu and Kashmir.
Justice Kaul said on Friday, “I believe that the Kashmir verdict cannot be looked at in a general way. It can’t be replicated elsewhere. Kashmir assimilation into India occurred in a slightly different way. Therefore, there was a Constituent Assembly and a Constitution.
The assimilation was to be done over a period of time by issuing GOs (government orders) over a period of time. Some shells still remain, and some aspects remain.”
Justice Kaul was part of the five-judge Constitution bench, which on December 11 delivered the verdict on petitions challenging the Center’s 2019 decision to abrogate Article 370. The Supreme Court unanimously held that Article 370 was a temporary provision.