SC Upholds Abrogation of Article 370, Says It Wasn’t A Permanent Provision

A five-judge constitution bench held hearings for 16 days on whether the August 2019 decision of the Union government to scrap Article 370 and bifurcate J&K into two Union territories was valid

The President had the power to abrogate the Constitution’s Article 370, which gave Jammu and Kashmir (J&K) a semi-autonomous status, the Supreme Court ruled on Monday, rejecting the argument that it was a permanent provision.

A five-judge constitution bench comprising Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant pronounced three concurring judgments

The CJI read out his majority judgment, and on behalf of justices BR Gavai and Surya Kant. “It is not relevant to hold whether the proclamation to abrogate Article 370 was valid or not,” he said, holding that there are restrictions on powers to be exercised after the imposition of President’s Rule under Article 356.

He added the Union government can exercise the power of a state government under the President’s rule. “Parliament/President can exercise legislative powers of a state under proclamation.”

The CJI said that J&K did not retain independent sovereignty after it joined the Union of India in 1947. “J&K surrendered its complete sovereignty with the merger.” He added J&K Constitution was only to further define its relationship with India. “J&K did not have any internal sovereignty either. Its Constitution was subordinate to the Constitution of India.”

The CJI said a recommendation of the J&K constituent assembly before the abrogation of Article 370 was not necessary. “Power of abrogation under 370 is for integration of J&K. Cannot sit in appeal over the President’s decision to abrogate Article 370 except in extraordinary circumstances. ...the President could have applied all provisions of the Constitution to J&K with the concurrence of the Centre and it was not required to also obtain concurrence of the state assembly.”

The five-judge Constitution bench held hearings for 16 days on whether the August 2019 decision of the Union government to scrap Article 370 and bifurcate J&K into two Union territories was valid before reserving its verdict on September 5.

By Utkarsh Anand

Dec 11, 2023 11:36 AM IST