Reference to Larger Bench Denied: No Conflict Between Prem Nath Kaul and Sampat Prakash in Article 370 Jurisprudence

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Bench: Constitution Bench (Five Judges)

Justice Nuthalapati V. Ramana, Justice Sanjay K. Kaul, Justice Ramayyagari S. Reddy, Justice Bhushan R. Gavai, Justice Surya Kant

Facts:
Article 370 of the Constitution granted special status to Jammu & Kashmir (J&K), limiting Parliament’s legislative powers over the State. It could only be amended or repealed upon the recommendation of the J&K Constituent Assembly under Article 370(3).

  • In December 2018, President’s Rule was imposed in J&K.
  • On 5 August 2019, two Constitution Orders (C.O. 272 and C.O. 273) were issued:
    • C.O. 272 applied all provisions of the Indian Constitution to J&K and rendered the J&K Constitution obsolete.
    • C.O. 273 repealed Article 370 based on the recommendation of the Union Parliament, which was exercising the powers of the J&K Legislature under President’s Rule.
  • The constitutional validity of these orders was challenged.
  • Petitioners sought reference to a larger bench, citing an alleged conflict between Prem Nath Kaul v. State of J&K (1959 INSC 17) and Sampat Prakash v. State of J&K (1968 INSC 265).

Issues:
Whether a larger bench (more than five judges) was required to hear the challenge to the abrogation of Article 370 due to an alleged conflict between Prem Nath Kaul and Sampat Prakash.

Arguments:

Petitioners:

  • Argued that Prem Nath Kaul held that the President’s powers under Article 370 were subject to the J&K Constituent Assembly’s recommendation.
  • Claimed that once the Constituent Assembly was dissolved, the President could no longer issue Constitution Orders under Article 370.
  • Asserted that Sampat Prakash contradicted Prem Nath Kaul by upholding a Constitution Order issued after the Assembly’s dissolution.

Respondents:

  • Contended that the two judgments dealt with distinct factual and legal contexts.
  • Argued that Sampat Prakash was the first case to directly address the President’s powers under Article 370 post-dissolution of the Constituent Assembly.
  • Maintained that there was no inconsistency warranting reference to a larger bench.

Ratio Decidendi:

  • The Court held that Prem Nath Kaul and Sampat Prakash must be read in their respective contexts.
  • Prem Nath Kaul dealt with legislative competence prior to the adoption of the J&K Constitution and focused on interim governance mechanisms.
  • Sampat Prakash addressed the President’s powers under Article 370 after the Constituent Assembly had been dissolved.
  • The judgments did not conflict; they operated in different constitutional phases.
  • The rule of per incuriam was not applicable, as Sampat Prakash did not ignore or contradict Prem Nath Kaul.

Final Order:

  • The Supreme Court unanimously held that there was no conflict between Prem Nath Kaul and Sampat Prakash.
  • Declined to refer the matter to a larger bench.
  • Affirmed that the legality of the abrogation of Article 370 could be decided by the existing five-judge Constitution Bench.


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