“Article 370: Kapil Sibal argues in favour of Brexit-like referendum in J&K, Supreme Court dismisses argument”, Organiser, August 9, 2023:
“On August 8, the Supreme Court of India rejected Senior Advocate Kapil Sibal’s arguments in favour of a Brexit-like referendum in a plea challenging the amendment of Article 370, which abrogated the special status of Jammu & Kashmir.
“Ultimately, this was a political decision taken in the context of the situation prevailing. Right? And the complete abrogation must also be a political decision. Your lordships must remember Brexit. What happened? There was no constitutional provision seeking a referendum. But when you want to severe a relationship, you must seek the opinion of the people. Because people are central to the decision,” Kapil Sibal argued in favour of a Brexit-like referendum in J&K.
“In a constitutional democracy, seeking the opinion of people has to be through established institutions. So long as democracy exists, any recourse of will of people has to be expressed by established constitution. So you cannot envisage a Brexit-type referendum. That’s a political decision which was taken by the then government. But within a constitution like ours, there is no question of a referendum,” Chief Justice of India DY Chandrachud said…..”
Read the full article at Organiser.org
