Key Points from Supreme Court Decision on Article 370: J&K Sovereignty, Presidential Power, and More

PK DeskDecember 11, 2023Last Updated: December 11, 2023

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Key Points from Supreme Court Decision on Article 370: J&K Sovereignty, Presidential Power, and More

In a significant verdict after a prolonged deliberation, the Supreme Court of India upheld the validity of President’s order C.O. 272, allowing the Union to amend Article 370 without the Constituent Assembly’s recommendation.

Here are the key points encapsulating the essence of the Supreme Court’s decision:

1. Jammu and Kashmir no longer retains any element of sovereignty following the signing of the instrument of accession.

2. The court ruled out internal sovereignty for Jammu and Kashmir.

3. The challenge to the proclamation of presidential rule was deemed invalid.

4. The exercise of the president’s power must have a reasonable nexus with the object of presidential rule.

5. The power of parliament to legislate for the state cannot exclude law-making power.

6. Article 370, considered a temporary provision, was subject to amendment.

7. Dissolution of the constituent assembly didn’t impose any restriction on the presidential order.

8. Para 2 of C.O. 272, amending Article 370 by amending Article 367, was declared ultra vires as an interpretation clause cannot be used for amendment.

9. The president’s use of power was deemed not mala fide, and no concurrence was needed with the state.

10. Para 2 of C.O. 272, exercising power under 370(1)(d) to apply all provisions of the Indian Constitution to Jammu and Kashmir, was validated.

11. The continuous exercise of power by the president demonstrated the ongoing gradual process of integration; thus, C.O. 273 was upheld.

12. The Constitution of Jammu and Kashmir is declared operative and rendered redundant.

13. The presidential use of power was not found to be mala fide.

14. The Solicitor General’s statement about restoring statehood to Jammu and Kashmir was upheld, and the decision to carve out UT of Ladakh was affirmed.

The Election Commission of India is directed to hold polls under Section 14 of the Reorganization Act, aiming to restore statehood at the earliest.