Chief Justice of India D.Y. Chandrachud asked the Centre whether the Constituent Assembly of Jammu and Kashmir could have ever stopped the President of India from abrogating Article 370.
“If the Constituent Assembly of Jammu and Kashmir had recommended to the President not to abrogate Article 370, was it open for the President to override the advice?” Chief Justice Chandrachud, heading a Constitution Bench, asked Attorney-General R. Venkataramani on Tuesday.
Article 370 empowers the President to abrogate it, but not before seeking and getting the “recommendation” of the Constituent Assembly of Jammu and Kashmir. The proviso to Article 370(3) underscores that the recommendation of the Constituent Assembly of the State “shall be necessary before the President issues a notification” repealing Article 370.
