Former Supreme Court judge Justice Rohinton Nariman on Friday said that the top court’s judgment on Article 370 is very disturbing and impacts federalism in a big way.

Justice Nariman said that by refusing to decide on the conversion of the State into a Union Territory, the apex court has allowed the Central government to bypass Article 356 as per which the President’s rule in a State is possible only for a year.

“Article 356 deals with Constitutional breakdown, when Centre takes over. In no circumstances can it go beyond one year, unless there is national emergency or Election Commission should say elections are not possible,” Justice Nariman said.

“So how do you bypass Article 356? You bypass it by this ingenious method of making the State Union Territories, where you have direct Central control and no problem as to time (limit),” he added.

“So, it say ‘we won’t decide’ means, in effect, you have decided. You have allowed this unconstitutional act to go forward for an indefinite period of time and you have skirted Article 356 (5). These are all very disturbing things,” Nariman further said.

The former Supreme Court judge was delivering the 30th Bansari Sheth Endowment Lecture on the theme “The Constitution of India: Checks and Balances.”