CJI Gavai: Article 370 was against Ambedkar’s ideology of one Constitution

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By The Sampadak Express

Chief Justice of India (CJI) BR Gavai on Saturday remarked that Article 370 was inconsistent with Dr. B.R. Ambedkar’s vision of a unified India under a single Constitution. He emphasized that Ambedkar firmly believed in one Constitution for the entire country to ensure national unity and stability.

Speaking at the inauguration of the Constitution Preamble Park in New Delhi, Justice Gavai reflected on the Supreme Court’s 2023 decision to uphold the Centre’s move to abrogate Article 370. He noted that the Constitution Bench, of which he was a part, was guided by Ambedkar’s commitment to a single constitutional framework for the nation.

The Centre, led by the Bharatiya Janata Party (BJP), had abrogated Article 370 in August 2019, stripping Jammu and Kashmir of its special status and reorganizing the region into two Union Territories Jammu and Kashmir, and Ladakh.“

During the hearings, I remembered Dr. Babasaheb Ambedkar’s assertion that one Constitution is essential for maintaining the unity of the country,” Justice Gavai said. “He was clear that multiple constitutions would weaken the fabric of national integrity.”

He also recalled how Ambedkar was once criticised for drafting a Constitution perceived to have strong federal elements, especially during wartime. However, Ambedkar had countered those concerns by asserting that the Constitution was robust enough to meet all challenges and preserve national cohesion.

Citing the political instability in neighbouring countries like Pakistan, Bangladesh, and Sri Lanka, Justice Gavai said, “Despite various challenges, India has stayed united, which is a testament to the strength and foresight of our constitutional framework.”

In December 2023, the Supreme Court not only upheld the 2019 abrogation but also directed the Centre to restore statehood to Jammu and Kashmir at the earliest.

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