Supreme Court Judgment Delivered Four Decades Ago Counters President’s Rule in J&K

Relevance: GS 2 - Indian Constitution; issues and challenges pertaining to the federal structure,

(Source: The Hindu, 08/21/23)

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Why in the news?

• Recently, a 1971 judgment was produced before a five-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud hearing the challenge to the repeal of Article 370 from the Indian Constitution.
  • The 1971 verdict involves former Tamil Nadu Chief Minister M. Karunanidhi.

What is the Thiru K.N. Rajagopal versus M Karunanidhi case?

• The reference of Thiru K.N. Rajagopal versus M Karunanidhi judgment by a Constitution Bench of the Supreme Court in 1971 given by Chief Justice S.M. Sikri, presented a significant challenge to the government's assertion that the "breakdown of constitutional machinery" in Jammu and Kashmir justified the President's rule under Article 356 and led to the abrogation of Article 370.
• The 1971 judgment holds that once a Governor dissolves a State’s legislative Assembly and assumes powers of the State, there is no question of the President taking over by claiming “failure of constitutional machinery” under Article 356 of the Constitution.

Arguments by petitioners

• The petitioner side contended that it was ‘absurd’ for the President to claim there was a ‘breakdown of constitutional machinery’ when the reins of the State was with the very Governor he had appointed.
  • The Governor is not elected but he is appointed by the President under Article 155.
• The petitioner further referenced the Constitution Bench judgment in the S.R. Bommai case, which affirmed that a State, as a "constitutional entity," should survive Article 356.
• The petitioners contended that the purpose of Article 356 was to restore normalcy to a State, not to eliminate it.

Jammu and Kashmir

• November 21, 2018: In Jammu and Kashmir (J&K), the state's legislative assembly was dissolved by the Governor on November 21, 2018, as per Section 53(2) of the J&K Constitution.
• December 19, 2018: Subsequently, a proclamation of President's rule under Article 356 was issued on December 19, 2018.
• Parliament endorsed this proclamation on January 3, 2019. The President's rule in J&K was extended for six months, starting from July 3, 2019.
• On August 5, 2019, the President issued the Constitution (Application to Jammu and Kashmir) Order which inserted a new provision, Article 367(4), in the Indian Constitution. This replaced the expression ‘Constituent Assembly of the State’ in the proviso to Article 370(3) with ‘Legislative Assembly of the State’.
• The same day saw Parliament abrogate Article 370 and pass the Bill to reorganize the State of Jammu and Kashmir. The next day saw the President declare that Article 370 has ceased to apply.

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FAQs

MCQ

Question: Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC-2019)

(a) First Administrative Reforms Commission (1966)

(b) Rajamannar Committee (1969)

(c) Sarkaria Commission (1983)

(d) National Commission to Review the Working of the Constitution (2000)