New Delhi, Dec 11 (Buzzbytes): In a historic ruling today, Chief Justice of India (CJI) Chandrachud announced a unanimous decision by a five-judge bench regarding petitions challenging the Centre’s 2019 decisions to revoke the special status of Jammu & Kashmir under Article 370.
Reading out the judgment, CJI Chandrachud dismissed the petitioners’ contention that the Centre cannot make decisions during a proclamation under Article 356. The Supreme Court asserted that Jammu and Kashmir did not retain an element of sovereignty after joining India.
Interestingly, the court stated that it would not adjudicate on the validity of the presidential proclamation in Jammu and Kashmir, as the petitioners had not challenged it. The argument that the Union Government cannot take irreversible actions during Presidential rule in the state was also deemed unacceptable by the Supreme Court.
Addressing the constitutional aspect, the Supreme Court emphasized that Jammu and Kashmir became an integral part of India, as reflected in Articles 1 and 370. It further declared that Article 370 was a temporary provision, intended for the constitutional integration of Jammu and Kashmir with the Union of India, not for disintegration. CJI Chandrachud affirmed that the president has the authority to declare that Article 370 ceases to exist.
In a significant statement, the Supreme Court asserted that all provisions of the constitution can be applied to Jammu and Kashmir, referring to Article 370(1)(d). This landmark verdict settles longstanding debates surrounding the constitutional status of the region and has far-reaching implications for the integration of Jammu and Kashmir with the rest of India.
