Early Times Report
Jammu, Dec 11: The Supreme Court on Monday delivered a historic judgment on the August 5, 2019 decision of the BJP-led NDA Government. The Supreme Court has delivered a decisive verdict on Article 370, reshaping the constitutional landscape and setting the stage for transformative changes in Jammu and Kashmir. The key highlights and conclusions of the judgment, articulated by Chief Justice Chandrachud, present a nuanced understanding of the historical and legal dimensions of this complex issue.
The Court emphatically affirmed that Article 370 was a temporary provision introduced to serve transitional purposes during war conditions in the state. It was strategically placed in Part 21 of the Constitution.
The recommendation of the constituent ass Highlights of SC judgment
• Jammu and Kashmir does not retain any element of sovereignty after the instrument of accession was signed.
• No internal sovereignty for Jammu and Kashmir.
• Challenge to the proclamation of Presidential rule is not valid.
• Exercise of power of President must have a reasonable nexus with the object of presidential rule.
• Power of Parliament to legislate for State cannot exclude law making power.
• Article 370 was a temporary provision.
• When 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 by which Article 370 was amended by amending article 367 was ultra vires as interpretation clause cannot be used for amendment.
• President use of power was not mala fide and no concurrence needed with State.
• Para 2 of CO 272 in exercise of power under Article 370(1)(d) applying all provisions of 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.
• Constitution of Jammu and Kashmir is operative and is declared to have become redundant.
• Presidential use of power not mala fide
• Solicitor General made statement that Statehood will be restored to Jammu and Kashmir. We uphold the decision to carve out Union Territory of Ladakh. We direct Election Commission of India (should hold) polls under Section 14 of the Reorganisation Act and Statehood (should be restored) at the earliest.
The Court upheld the validity of the president's power to issue the notification, emphasizing that the use of this power was not mala fide. The continuous exercise of this power reflected the ongoing process of integration.
The Court clarified that all provisions of the Indian Constitution can be applied to Jammu and Kashmir, dispelling any claim of non-application of mind. Consultation between states is only necessary when amending the state constitution to align it with the Indian Constitution. | 