Nearly four years after the effective abrogation of Article 370 of the Indian Constitution, which guaranteed the special constitutional status to the erstwhile state of Jammu and Kashmir (J&K), on 5 August 2019, the petitions challenging its constitutional validity are yet to be listed for hearing by the Supreme Court of India. However, an interview of the then Governor of the state Satyapal Malik by journalist Karan Thapar released by The Wire on 14 April has renewed the debate on the legality of the abrogation, among other things.
Malik made some important revelations on the abrogation, particularly in respect of the assent that he has rendered to the Constitution (Application to Jammu and Kashmir) Order, 2019 which superseded all the previous orders issued under Article 370 (the Article) ensuing in the abrogation of the Article itself. Needless to say, J&K was under the President’s rule at the time which is why the Governor’s assent to the President’s Constitution Application Order. According to Malik, papers were simply sent to him on the night of 4 August to have them approved by 11 AM the next morning (5 August). He further added that since the leadership in Delhi had made up their mind on the abrogation, he was merely informed that the papers needed his signature and that he obliged.