The Supreme Court on Tuesday observed that there was “no question” of a “Brexit-like referendum” under the Constitution of India. A five-judge Constitution bench led by Chief Justice of India DY Chandrachud was hearing petitions challenging the abrogation of Article 370 of the Constitution that gave special status to the erstwhile state of Jammu and Kashmir.
“Seeking public opinion in a constitutional democracy like India has to be through established institutions and there is no question of referendum under the country’s Constitution,” the top court noted.
Also Read: Those opposing Article 370 abrogation ignorant of ground reality: Ghulam Nabi Azad
The observation came after senior advocate Kapil Sibal, appearing for National Conference MP Mohammad Akbar Lone, cited the ‘Brexit’ referendum following which the United Kingdom decided to withdraw from the European Union.
Sibal cited it to buttress his argument that the process of amending Article 370 could not have been done “unilaterally” by the Centre without the people of Jammu and Kashmir agreeing to it, reported The Indian Express.
Also Read: 4 years of Article 370 abrogation: ‘People living life according to own wishes,’ says L-G
“An executive act of the Union of India cannot alter unilaterally provisions of the Constitution of India as applicable to J&K, including getting rid of the special status, given acceded to by the Government of India and by Parliament in enacting Article 370 of the Constitution,” said Sibal .
Sibal also read out a speech by former Jammu and Kashmir CM Sheikh Abdullah to support his argument, “The constitution of the Indian Union, therefore, clearly envisaged the convening of a Constituent Assembly for the J&K state, which would be, finally competent to determine the ultimate position of the state in respect of the sphere of its accession which would be incorporated as permanent provision of the Constitution.”