Srinagar: Former Supreme Court judge, Justice Madam Lokur, has called the Supreme Court's ruling on the abrogation of Article 370 an error and a threat to Indian federalism, considered the basic structure of the Indian Constitution.
In an interview with The Wire, Justice Lokur stated that the Supreme Court's refusal to determine the constitutionality of the reorganization of Jammu and Kashmir is a dereliction of duties.
He referred to this omission as an "error," asserting that the Court's decision not to decide the constitutionality of the reorganization act poses a threat to Indian federalism, setting a precedent for similar actions in other states.
"Federalism cannot be amended. But now the Supreme Court has given Parliament the power to reorganize a state, even without any recommendation from the state assembly," he explained.
"There could thus be a potential clash between the power of Parliament and the sanctity of the basic structure of the constitution."
"It's a precedent that can be used, if the government so wishes, to reorganize other states, such as Bengal, Kerala, and Tamil Nadu, and reduce them to union territory status."
"I stressed the importance of the Supreme Court addressing the imposition of Governor's Rule, especially considering there was ample time to form a new government. In my perspective, if the Supreme Court had paid heed to the imposition of Governor's Rule, subsequent actions like the imposition of President's Rule, the abrogation of Article 370, and the reorganization of the state would have been deemed invalid," he said.
He questioned the Court's reasoning for not deciding the constitutionality of the reorganization of Jammu and Kashmir and expressed confusion over the Court's assertion that the matter would be decided in an appropriate case.
"It was the most appropriate case. I don't understand their ruling; which case would have been more appropriate?" he said.
Justice Lokur expressed inconsistency and contradictions in the Supreme Court's Kashmir judgment and expected that some petitioners might apply for a review.
Addtional Reporting By Zeeshan Ahad