Parliament has "no powers" to abrogate Article 370, which provides special status to Jammu & Kashmir

Rajindar Sachar

By A Representative
Justice (retired) Rajindar Sachar, who headed high-powered committee, which came up with a much-debated report on the social, economic and educational status of Muslims in India in 2006, has declared that the BJP is living in great delusion that Article 370 of the Constitution of India, which provides autonomous status to Jammu & Kashmir (J&K) , can be abrogated. In a commentary circulated on the social media by well-known social activist Teesta Setelvad, fighting a legal battle against Prime Minister Narendra Modi’s involvement in the 2002 Gujarat riots, Sachar said, J&K became part of India on October 27, 1947 only because of the Instrument of Accession, dated October 27, 1947, signed by the Maharaja, allowing the J&K to acceded to the Dominion of India.
Sachar, who was Delhi High Court judge earlier, said, clause 3 of the the Instrument of Accession specifically provides that the terms of instrument shall not be varied by amending any law by Indian Parliament, unless such “amendment is accepted by the Maharaja”. Sachar added, “The instrument also clearly laid down that nothing in the instrument shall be deemed to commit the state in any way to the acceptance of any future Constitution of India.”
According to Sachar, the instrument accepted “only a limited number of matters, defence, external affairs, communications”, etc. on which the Indian legislature could make laws for J&K. Pointing out that “this special relationship of J&K found its reflection in Article 370 of the Indian Constitution”, Sachar said, Article 370 lays down that, “notwithstanding anything in the Constitution, the powers of Parliament to make laws for the state shall be limited to those matters in the Union list and the concurrent list.”
Even these laws would apply to J&K “in consultation with the government of the state”, and these should be in consonance with the Instrument of Accession, Sachar suggested, adding, “Thus by virtue of Article 370 Parliament can legislate for J&K on matters other than those mentioned in the Instrument of Accession, but only after obtaining the concurrence of the state of J&K.”
Sachar admitted that there is a provision in Article370, in section (3), which provides that the President may by notification declare that this article shall cease to be operative. However, he adds, “But the proviso clearly lays down a limitation that the recommendation of the constituent assembly of the state shall be necessary before the President issues such a notification.” He adds, this shows that “Article 370 cannot be withdrawn by Parliament purporting to exercise the power of amendment given by Article 368.”
Giving the example of Mizoram, which like J&K was given an autonomous status through Article 371G, introduced through Constitution’s 55th amendment Act, 1986, Sachar said, the constitutional amendment “provides that no Act of parliament in respect of ownership and transfer of land shall apply to the State of Mizoram unless the legislative assembly of Mizoram by a resolution so decides.”
Pointing out that this provision is “identical to Article 370 of the constitution regarding J&K, and the BJP was a party to the amendment”, Sachar wondered, “Why does BJP apply double standards in the case of Muslim majority State of J&K?”
“It needs to be appreciated that retention of Article 370 is a matter of self respect and honour and assertion of its distinct identity for people of J&K”, says Sachar, asking why can’t the BJP, even when most of parties in J&K are desirous of finding a lasting solution, have the courage to “give up its opposition to Article 370 – which no Kashmiri can possibly agree to abrogate because it is a matter of preserving his special identity.”
Sachar’s commentary comes in the wake of open debate triggered by Modi ahead of the recent Lok Sabha polls where he called for debate on article 370. Among others, BJP chief Rajnath Sigh called for debate on why Article 370 of the constitution cannot be abrogated. “One wishes he had sought this enlightenment before including the provocative item of abrogation of Article 370 in BJP election manifesto”, Sachar said.

Comments

GreenTech Summit claims NCR as key green building hub, without pan-India comparison

By A Representative The Indian Green Building Council (IGBC), under the Confederation of Indian Industry, held its GreenTech Summit 2026 in New Delhi, where industry representatives, policymakers and sustainability professionals discussed the adoption of climate technologies in India’s built environment.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Gujarat cadre to HDFC: When bureaucratic style hits corporate walls

By Rajiv Shah I was a little amused by the abrupt March 17, 2026 resignation of Atanu Chakraborty —a Gujarat cadre IAS officer of the 1985 batch who retired from the government in 2020—as chairman of HDFC Bank . Much of what may have led to his decision to quit this ostensibly high post—actually a non-executive, part-time role—is by now well known. I followed most of it online with considerable interest, partly because I had interacted with him umpteen times during my stint as The Times of India correspondent in Gandhinagar from 1997 to 2012.

India has been getting its economic growth wrong for two decades, say top economists

By Jag Jivan* India's official GDP figures have misrepresented the trajectory of the world's fifth-largest economy for the better part of two decades, according to a major new working paper published by the Peterson Institute for International Economics (PIIE). It finds that India overstated annual growth by up to two percentage points after 2011 — and understated it during the boom years of the 2000s.

Beyond India-China borders: Economic links expand, political gaps persist

By Bhabani Shankar Nayak* Despite growing trade between India and China, a persistent trust deficit continues to shape their bilateral relationship. Expanding economic engagement has not fully resolved political differences, many of which stem from historical legacies as well as contemporary geopolitical concerns. Border disputes—often traced to colonial-era arrangements—remain a significant obstacle to deeper cooperation, while differing strategic alignments in global affairs add further complexity.

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram* March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

As India logs historic emissions drop, expert warns govt against 'policy blunders'

By A Representative In a significant development that underscores the rapid transformation of India's energy landscape, new data reveals the country recorded its largest drop in power sector emissions in 2025. However, a top power sector analyst has urged the Union Government to view this "silver lining" as a stark warning against continuing to invest in new coal, large hydro, and nuclear projects, which he argues could become "redundant" stranded assets.

Jerusalem's Al Aqsa mosque under siege: A test of Muslim solidarity and Palestine’s future

By Syed Ali Mujtaba* In the cacophony of Israel’s and the United States’ attack on Iran, one piece of news has been buried under the debris of war: Israel has closed the Al Aqsa Mosque in Jerusalem to Palestinian worshippers during the holy month of Ramadan. The closure, announced as indefinite, affects the third most revered mosque in the Islamic world.

Search This Blog