Retired Supreme Court judge Justice S Ravindra Bhat raises voiced reservations regarding the Supreme Court’s approach to the Article 370 verdict, shedding light on its implications for federalism and contemporary constitutionalism. Speaking at the Constitution Conference 2024 hosted by Nalsar University of Law, Hyderabad, Justice Bhat delved into the intricacies of the Court’s decision, emphasizing the need for a nuanced understanding of constitutional principles.
Despite upholding the abrogation of Article 370, Justice Bhat pointed out a critical issue left unaddressed: whether Parliament possesses the authority to downgrade a State to a Union Territory. This omission, he argued, raises fundamental questions about federalism and underscores the need for clarity in legal interpretation.
Drawing parallels with landmark cases such as the Demonetization Case and the Maharashtra Assembly case, Justice Bhat underscored the importance of interpreting existing laws in light of evolving societal norms. By revisiting established norms, the judiciary plays a pivotal role in ensuring that the legal framework remains responsive and relevant to contemporary challenges.
In addition to discussing constitutional precedents, Justice Bhat highlighted the transformative impact of Artificial Intelligence (AI) on social dynamics. He called for collective efforts to address the ethical and legal implications of AI-driven technologies, emphasizing the importance of adapting legal frameworks to accommodate emerging technological advancements.
With Justice Bhat’s insights offering a comprehensive analysis of the Article 370 verdict and its broader implications, the Constitution Conference served as a platform for engaging discussions on the evolving landscape of constitutionalism in India.
Reference: In Re: Article 370 of the Constitution, Govt. of NCT of Delhi v Union of India Judgment, Demonetization Case, Maharashtra Assembly case, Anoop Baranwal Judgment.
