NEW DELHI: The Centre has told the Supreme Court that the decision to scrap “special status” of J&K was Constitution-compliant and was taken in the interest of the nation’s security. It has expressed surprise that the validity of the August 5 move has been questioned when six earlier instances of the use of Article 370(1) (d) while the assembly was not in existence attracted no legal challenge.

In its affidavit responding to a bunch of petitions challenging the constitutional validity of the August 5 move, the Centre has said the decision was taken following the constitutionally-mandated process as the regime that had existed under Article 370 was “impeding full integration of erstwhile state of J&K with the rest of the country...”

Addressing the issue of its use of Article 370(I) (d) without the concurrence of J&K assembly to do away with the “special status” for the strategically significant state, it has pointed out that the President had exercised the very same provision that was used on August 5 six times in the past, without anyone challenging such exercise of power.

“It may be worth noting that the power under Article 370(1)(d) was exercised by President of India on as many as six occasions when President’s Rule was in force in Jammu and Kashmir . At no time was any issue/challenge ever raised against the exercise of this power on the ground that the Legislative Assembly of J&K or the state government of J&K were not in existence as the said exercise of power is valid, lawful and constitutional exercise,” the home ministry said.

In an affidavit responding to a batch of petitions challenging the constitutional validity of exercise of power under Article 370(1)(d) by the President to alter the status of erstwhile state of J&K as well as Parliament’s decision to divide the state into two Union Territories, the ministry said, “There had been three amendments till August 4, 2019 in Article 370 of the Constitution, which were modified in the past in exercise of powers under Article 370(1)(d), from time to time.”

The petitions are pending adjudication before a bench headed by Justice N V Ramana and are likely to be taken up on November 14. The Centre said the first Presidential Order, under Article 370(1)(d), was passed on January 26, 1950. This was superseded and replaced by another Presidential Order in 1954, which was amended on more than 50 occasions from time to time, it said.

The ministry said terrorism , militancy and separatism have seriously impeded overall economic development of the state despite large monetary support from the government of India. It said since 1990 till August 4, 2019, as many as 41,861 persons including 14,035 civilians, 5,129 security personnel and 22,535 terrorists have been killed in 70,960 incidents of terrorist violence.

“From 2004 to 2019, the Centre has spent Rs 2,77,000 crore for the erstwhile state of J&K. During 2011 and 2012, while only Rs 3,683 per person was given to rest of India, Rs 14,255 per person was given to the erstwhile state of J&K. Further, during 2017-18, an average amount of Rs 8,227 per person was spent in rest of India, whereas Rs 27,358 per person was spent in J&K,” the ministry said.

“Despite this overwhelmingly disproportionate expenditure, it was observed that the development benefits were not percolating to people of J&K... Growth potential of the erstwhile state remains largely untapped despite large monetary support from the Centre. Internal resources of erstwhile state, both public and private, are very limited, and the situation coupled with the (Art 370 mandated) legal regime, operated as a severe disincentive to private investment,” it said.

