Overturning a decision of the parliament which has been implemented by the executive is difficult with passage of time, he opined.
Datar was speaking as a panelist at the launch of a digital book ‘Hamīñ Ast? A Biography of Article 370’, by Navi Books, an open access digital book publishing platform of Vidhi Centre for Legal Policy.
After the launch, there was a short discussion amongst the panelists on the abrogation of Article 370 and the legality of the manner in which it was carried out.
Article 370, which conferred, special status on erstwhile State of Jammu and Kashmir was scrapped in August 2019 through a procedure which many have alleged to be unconstitutional.
The State was then reconstituted into two Union Territories – UT of Jammu & Kashmir and UT of Ladakh.
A slew of petitions challenging the manner in which the Article was scrapped, came to be filed before the Supreme Court but the top court is yet to hear the same.
During the discussion on Friday, co-panelist, Dr. Mridu Rai, professor at Presidency University of Kolkata mused whether Supreme Court would try to ‘turn back the clock’ by setting aside the abrogation.
Source: Barandbench
