“J-K accession to India was territorial, governance rested with State,” says High Court Bar association to SC
Aug 09, 2023
New Delhi [India], August 9 : Jammu and Kashmir High Court Bar Association on Wednesday told the Supreme Court that while acceding to India, the Maharaja of J-K acceded his sovereignty over the territory of the State but not his sovereign power to rule and govern the State.
Accession of Jammu and Kashmir to India was territorial and except for defence, external affairs and communication, the rest of all the powers were retained with the State to make laws and govern, said senior advocate ZA Zafar appearing for J-K High Court Bar association.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant were told that the accession was “a handshake and not an embrace”.
Zafar told the Constitution bench that the message of Maharaja at the time of accession was, “I will be with you. I am ready to shake hands with you, but I will not embrace you.”
“Maharaja could have acted as other princely States did, but he did not. He retained the power of government to himself. Telling India, you retain defence, external affairs and communication, rest I will retain for my governance,” the senior advocate said.
The senior advocate further added that the relationship between India and J-K was akin to the American pattern where there is an American constitution for the entire country and different States have their respective constitutions.
Earlier in the day, advancing his arguments, former Solicitor General and senior advocate Gopal Subramanium said that the constitution of India and the constitution of J-K spoke to each other through Article 370.
He said that the architect of the relationship between India and J-K was bilateral and the same could not have been terminated unilaterally through an executive order by the government.
Hearing in the case will continue on August 10 with Zafar resuming his arguments.
The Constitution bench is hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the state into two Union Territories.
On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union territories.
