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“Only one Constitution applicable” Supreme Court nullifies the potential for restoration of Article 370

Animesh Pandey by Animesh Pandey
11 August 2023
in Politics
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In the complex landscape of legal battles and ideological convictions, the recent verdict by the Supreme Court of India struck a resounding blow to the fervent hopes of restoring Article 370. This pivotal decision not only reverberated through the hallowed chambers of justice but also resonated with the inherent power of a unified nation.

Within the realm of left-liberal ideology, hope often serves as a driving force, propelling advocates of change to gather their resources for even the faintest glimmer of success. This relentless pursuit, fueled by the potential for transformation, demonstrates the tenacity of those who endeavor to steer the course of history. Even when the scale of accomplishment seems minuscule, the hope of a single triumphant moment drives these proponents forward.

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The left-liberal intelligentsia, in their unwavering quest to overturn the abrogation of Article 370, emerged as prominent actors on the stage of Indian politics. Their dedication to the cause led them to employ every conceivable strategy to nullify the historic decision. Bolstered by their convictions, they believed they had secured the support of the country’s highest legal authority – the Supreme Court.

However, their aspirations were met with an unexpected turn of events. The incumbent Chief Justice of India, CJI DY Chandrachud, deftly employed their own tactics to counter their arguments. The hope that the Supreme Court would bolster their cause was dashed against the rocks of legal interpretation, as the CJI’s eloquent articulation dismantled their expectations.

Also read: Article 370 and more: Under these circumstances, government can legally shut down Internet

On the 10th of August, a statement emerged from the Supreme Court that reverberated with profound implications: “There is only one constitution applicable in the country, including Jammu and Kashmir.” This assertion, delivered by a constitutional bench headed by CJI Chandrachud, underscored the unity of the nation under the umbrella of a single constitution.

A pivotal facet of the ruling highlighted the absence of explicit reference to Jammu and Kashmir’s constitution within the Indian constitution. While acknowledging the existence of the Constituent Assembly of Jammu and Kashmir, the Indian constitution conspicuously omitted any mention of the region’s unique constitution. This omission, as elucidated by the CJI, indicates a deliberate choice not to incorporate the provisions of Jammu and Kashmir’s constitution into the broader national framework.

Delving deeper into the implications, the CJI posed a thought-provoking question: “Assume Article 356 is in effect, and if an ordinance is required, can the president not exercise the authority to issue one?” This query underscored the unambiguous authority vested in the Indian Constitution, transcending the boundaries of individual state constitutions.

The echoes of history added resonance to this verdict. The words of Dr. Shyama Prasad Mukherjee, a staunch nationalist from the early 1950s, resounded with renewed significance: “There is no room for two Parliaments, Two Constitutions, and Two Flags in our Country!” The recent verdict of the Supreme Court effectively endorsed this sentiment, certifying the paramount importance of India’s unity.

The collision between left-liberal aspirations and the legal verdict underscores a pivotal truth: the supremacy of a unified constitutional framework prevails. The intricate interplay of legal interpretation, ideological conviction, and national unity converged in this momentous decision. The hopes of reinstating Article 370 encountered an impregnable legal wall, paving the way for an outcome that both substantiates the integrity of the legal framework and bolsters the nation’s indivisible identity.

Also read: This is how Post Article 370 Kashmir looks like

The Supreme Court’s pronouncement serves as a resounding testament to the nation’s commitment to its unified identity. The hopes of those seeking to alter the course of history through legal avenues faced an unwavering legal stance, resulting in an outcome that underscores the paramount importance of India’s collective integrity. The unison of hope and conviction, while potent in its own right, could not supersede the constitutional foundations that have held the nation together as one entity.

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Tags: ApplicableArticle 370Article AbrogationArticle ReinstatementConstitutionConstitutional RulingJudicial DecisionLegal InterpretationLegal VerdictLegislative ChangeNullifiesOnly OnePotentialRestorationSupreme Court
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