Highlights of the Supreme Court judgement on abrogation of Article 370

CJI DY Chandrachud. (Wikiemdia)

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)