Decision of cancellation of Article 370 is valid, historic decision of Supreme Court

The decision of the Central Government to cancel Article 370 of the Constitution, which gives special status to the state of Jammu and Kashmir, is valid, the Supreme Court gave a historic decision today (11). Sanjeev Khanna, Mr. BR Gavai and Nya. Suryakant's bench gave this verdict. The hearing was held for 16 consecutive days in the month of August and September. After this, the Supreme Court reserved its decision on 5 September 2023.

State of Jammu and Kashmir an integral part of India : Chief Justice Chandrachud

Jammu and Kashmir has no internal sovereignty. No such provision is made in any constitutional text. The declaration made by Yuvraj Karan Singh in 1949 and the subsequent constitution reinforces it. It is clear from Article 1 of the Constitution of India that the State of Jammu and Kashmir has become an integral part of India. Jammu and Kashmir does not have internal sovereignty, a state like all the states and union territories of India. Has Jammu and Kashmir retained the element of internal sovereignty after its accession to India? We hold that India has no internal sovereignty after its accession to the Union. Chief Justice Dhananjay Chandrachud explained this.

Power of President to issue notification repealing Article 370

The Chief Justice has clarified his judgment that we hold that Article 370 is subject to the power of the President to issue a notification abrogating it. The ruler of every Indian state has to issue a proclamation adopting the Constitution of India.

Section 370 is a temporary provision

Clarifying that whether Article 370 is a temporary provision has to be decided, the Chief Justice said, “We are of the view that Article 370 is a temporary provision.” It was for a temporary reason due to the war situation in the state.

On August 5, 2019, the Central Government abrogated Article 370 of the Constitution, which granted special status to the state of Jammu and Kashmir, and divided the state into two Union Territories of Jammu and Kashmir and Ladakh. Jammu and Kashmir became a union territory with a part assembly while Ladakh became a whole union territory. This decision of the government was welcomed by many, but the National Conference, People's Democratic Party, which is of Kashmiri origin, strongly opposed this decision. More than 20 petitions were filed in the Supreme Court challenging the central government's decision to abrogate Article 370 of the Constitution to abrogate the special status granted to the state of Jammu and Kashmir.
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