11-12-2023 : On August 5, 2019, a significant chapter in Indian constitutional history was rewritten, according to Solicitor General Tushar Mehta, who played a pivotal role in defending the government’s decision to abrogate Article 370. Mehta asserted that the Supreme Court’s verdict, upholding the government’s actions, marked a correction of a monumental “Himalayan constitutional blunder.”
As the sole legal representative involved in the pre-August 5, 2019 process of abrogating Article 370 and having led arguments before the Supreme Court’s constitution bench, Mehta emphasized the historic nature of the day. He hailed the decision as the rectification of a colossal constitutional error from the past.
Mehta attributed this correction to the unwavering determination of Prime Minister Narendra Modi and the decisive strategy of Home Minister Amit Shah. He expressed gratitude on behalf of the nation, emphasizing that the iron will of these leaders made the historic decision possible.
Reflecting on his role in the process, Mehta highlighted the meticulous coordination of details, flawless parliamentary stewardship, and scientific floor management inside the House. He commended the Supreme Court’s judicial adjudication as equally historic and rare, noting that a five-judge Constitution bench, including the Chief Justice and three future Chief Justices, decided the matter.
The Solicitor General praised the patience exhibited by the bench during the three-week hearing, leading to a judgment that showcased remarkable scholarship, a commitment to the rule of law, and visible concern for the fundamental rights of all residents of Jammu and Kashmir, regardless of religion, sex, caste, or creed.
Mehta emphasized that the judgment aligned with constitutional values, securing the legitimate rights of Jammu and Kashmir residents, which had been denied since independence. Referring to the historical context of Article 370, he suggested that Sardar Vallabhbhai Patel’s soul would be content, as the provision he could not prevent from being inserted into the Constitution had finally been removed.
The judgment not only upheld the abrogation of Article 370 but also, according to Mehta, rectified a historic blunder from 1947 when Jawaharlal Nehru-led Congress appointed Mountbatten as the governor general and chairman of the Defence Committee, referring the dispute to the United Nations.
Senior Advocate Rakesh Dwivedi, representing one of the litigants supporting the abrogation, concurred, stating that Article 370 was a consequence of that blunder and required the political will of the Modi government and Home Minister Amit Shah to undo.