Supreme Court Verdict: Article 370 Abrogation Constitutionally Valid – Key Conclusions Revealed

Understanding the Supreme Court Verdict

In a historic decision, the Supreme Court of India, led by Chief Justice D Y Chandrachud, validated the Union government’s 2019 move to abrogate Article 370, which granted special status to Jammu and Kashmir. Let’s delve into the essential conclusions of this landmark verdict.

Article 370 – A Temporary Provision

The Supreme Court emphasized that Article 370 was a temporary provision. Examining its historical context and placement in the Constitution, the court clarified its nature as a feature of asymmetric federalism rather than sovereignty.

Presidential Powers and Judicial Review

Addressing concerns about presidential powers, the court asserted that the President’s exercise of power under Article 370(1)(d) is subject to judicial review. The onus lies on the challenger to establish mala fide intent, ensuring a check on the President’s actions.

Union Territory Formation and Election Directives

The court, consisting of five judges, including Chief Justice Chandrachud, directed the restoration of Jammu and Kashmir’s statehood and ordered Legislative Assembly elections. Additionally, it validated the creation of the Union Territory of Ladakh and set a deadline for elections to be conducted by September 30, 2024.

Power Dynamics of Article 370

Examining the power dynamics of Article 370, the court clarified that its amendment requires adherence to the procedure outlined in Article 370(3). It deemed the amendment through CO 272 ultra vires, emphasizing the importance of procedural compliance in constitutional modifications.

Presidential Authority in State Integration

The court affirmed the President’s authority to declare the cessation of Article 370(3) without the Constituent Assembly’s recommendation. This, the court argued, symbolized the ongoing process of constitutional integration, culminating in the validity of CO 273.

Constitutional Governance After Integration

Declaring the Constitution of India as a complete code for constitutional governance, the court reasoned that after applying the Indian Constitution to Jammu and Kashmir, the state’s constitution became obsolete. CO 273, which integrated the Indian Constitution, rendered the state’s constitution inoperative.

In conclusion, the Supreme Court’s verdict not only upholds the constitutionality of Article 370’s abrogation but also provides crucial insights into the intricate legal nuances surrounding this historic decision. The court’s emphasis on procedural integrity and its directives for statehood restoration and elections mark a significant chapter in the constitutional evolution of Jammu and Kashmir.

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