Prez not restricted from reorganising a state: SC

The Constitution does not restrict the President from reorganising a state, the Supreme Court observed on Wednesday, responding to an argument to the effect, while hearing the matter of the abrogation of Article 370 and the restructuring of Jammu & Kashmir into two Union territories.

- Utkarsh Anand

It may not be accepted as a proposition of law that the boundaries of a state cannot be reorganised during President's rule, a Constitution bench of the Supreme Court observed on Wednesday, adding that the Constitution authorises the President to put on hold any constitutional provision relating to any authority in the state.

Responding to an argument that J&K could not have been reduced to two Union territories during the President's rule nor could Article 370 be abrogated since such a power was available only with the J&K legislative assembly, the Constitution bench responded that the contention was too broad and wide to gain acceptance. "Such a broad proposition with regard to articles 3 and 4 may not be correct in terms of the language used in Article 356(1)(c)...Suppose there are disputes between two states which are impossible to resolve and then the Centre steps in with regard to boundaries or something... if you are making a broad proposition like that, it is very difficult to accept," said the bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.