Supreme Court should review its Article 370 verdict, says justice Madan Lokur
NEW DELHI: Former Supreme Court judge Madan Lokur has said that the top court has erred and cannot be proud of its Article 370 judgement but, instead, should review it.
Justice Madan Lokur also described the Supreme Court judgement as complex and complicated adding it’s at least 200 pages too long, The Wire reported.
In his analysis, he pointed out inconsistencies in the judgement and agreed the logic was, at times, if not often, 'convoluted'.
In a 40-minute interview to Karan Thapar for The Wire, Justice Lokur made clear that he was “unhappy” with the way the Supreme Court has upheld what is popularly called the abrogation of Article 370 and “even more unhappy” with the way the Supreme Court refused to determine whether the re-organisation of Jammu and Kashmir was constitutionally permissible under Article 3.
Speaking about the Supreme Court’s refusal to determine whether the re-organisation of Jammu and Kashmir was constitutionally proper, Justice Lokur said the Supreme Court had failed to fulfill its duty to look into this matter.
He said it was an “error” not to decide the constitutionality of this matter.
Justice Lokur made clear that after the Supreme Court had declared the use of Article 367 to interpret constituent assembly as legislative assembly as ultra vires it should have proceeded to strike down the abrogation of Article 370, which was done on the basis of that reinterpretation.
Not to do so was inconsistent with the logic of the Supreme Court’s own arguement, he agreed.