Highlights of the Supreme Court judgement on abrogation of Article 370

The CJI DY Chandrachud said, "Article 370 of the Constitution was an interim arrangement due to war conditions in the state."

BySouth First Desk

Published Dec 11, 2023 | 2:16 PMUpdatedDec 11, 2023 | 2:16 PM

CJI DY Chandrachud

On Monday, 11 December, a five-judge Supreme Court panel led by Chief Justice DY Chandrachud ruled that Jammu and Kashmir’s Article 370 “is a temporary provision” and that the “effect of the Presidential Power to issue a notification abrogating Article 370 persists.”

Here are key statements made by CJI DY Chandrachud:

  • Article 370 of the Constitution was an interim arrangement due to war conditions in the state.
  • SC need not adjudicate on the validity of the presidential proclamation in J&K as petitioners have not challenged it.
  • J&K does not have internal sovereignty different from other states of the country.
  • J&K became an integral part of India, this is evident from Articles 1 and 370 of the Constitution
  • The Constituent Assembly of J&K was never intended to be a permanent body.
  • The Constitution of Jammu and Kashmir is declared to have become redundant.
  • When the Constituent Assembly of J-K ceased to exist, the special condition for which Article 370 was introduced ceased to exist.
  • The recommendation of the Constituent Assembly of J-K was not binding on the President of India.
  • We hold the president seeking concurrence of the union and not the state is valid, all provisions of the Indian constitution can be applied to J-K.
  • We direct that steps be taken by EC to conduct elections of J&K Assembly by Sep 30, 2024.
  • We direct that restoration of statehood in the Union Territory of J&K shall be done at the earliest.
  • We uphold the validity of the decision to carve the Union Territory of Ladakh out of Jammu and Kashmir.
  • CJI says the principle of consultation and collaboration was not required to be followed for the exercise of presidential power.
  • The power of Parliament to legislate for the State cannot exclude law-making power.
  • When the Constituent Assembly was dissolved only the transitory power of the Assembly ceased to exist and no restriction on Presidential order.
  • Para 2 of CO 272 in the exercise of power under Article 370(1)(d) applying all provisions of the Indian constitution to Jammu and Kashmir was valid.
  • The continuous exercise of power by the President shows the gradual process of integration was ongoing. Thus CO 273 is valid.

Related: SC upholds abrogation of Article 370; wants restoration of statehood by September 2024

(With PTI inputs)