Prima facie, we respectfully disagree with the judgement on how Article 370 was abrogated – P Chidambaram, Senior Congress Leader

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With the Supreme Court unanimously upholding the Centre’s decision to abrogate provisions of Article 370, the Congress has said the debate over the issue has ended but demanded immediate restoration of statehood to Jammu and Kashmir and holding of assembly elections there.

Addressing a press conference at the Congress headquarters along with party colleague Abhishek Singhvi, senior Congress leader P Chidambaram said the judgement has decided many issues but has left open some that are also vitally important.

“It has also held as ultra vires how Article 367 was invoked to amend part of Article 370. Hence the judgement needs careful study. Prima facie, we respectfully disagree with the judgement on how Article 370 was abrogated,” Chidambaram said.

“We reiterate the Congress Working Committee resolution dated August 6, 2019, that Article 370 deserved to be honoured until it was amended strictly in accordance with the Constitution,” he said.

The Congress is also disappointed that the Supreme Court did not decide on the question of dismembering the state and reducing its status to two Union Territories, he said.

“That question has been reserved for adjudication in a suitable case in the future. The Congress has always demanded the restoration of full statehood for what has become the Union Territory of Jammu and Kashmir.

“We welcome the Supreme Court’s verdict. Full statehood must be restored immediately,” Chidambaram asserted.

He added that the aspirations of the people of Ladakh must also be fulfilled.

“We welcome the Supreme Court’s direction to hold assembly elections. However, we believe the elections should be held immediately and there is no reason to wait until September 30, 2024,” Chidambaram said.

“When elections are held, the people of Jammu and Kashmir will have an opportunity to express their views on the crucial questions that were debated in the Supreme Court — an opportunity that has been denied to them so far,” he said.

Since its accession, Jammu and Kashmir has been an integral part of India, the former home minister asserted.

“The people of Jammu and Kashmir are Indian citizens. We reiterate our resolve to work for the security, peace, development and progress of Jammu and Kashmir,” Chidambaram said.

To a question that the provision itself was temporary, Chidambaram said, “I don’t think there was any debate that the provision was temporary. The debate at that time was whether the temporary provision can be removed except in accordance with the Constitution.” To another question, he said the Supreme Court has held that abrogation of Article 370 using the power under Article 367 is valid.

“It is the judgement of the Supreme Court and all of us are bound by it. But prime facie we are saying that we respectfully disagree with the procedure followed. Even in the CWC resolution we said Article 370 must be honoured until it is repealed or amended in accordance with the Constitution.” At the moment, the verdict of the Supreme Court is that Article 370 was amended in accordance with the law, Chidambaram added.