In a landmark ruling, the Supreme Court declared the abrogation of Article 370 as constitutional, Important Points of Historic Judgement

 

The Supreme Court’s historic decision on Article 370 marks a significant turning point in India’s constitutional landscape. In a landmark ruling, the Court declared the abrogation of Article 370, which granted special status Jammu and Kashmir, as constitutional. The Court’s judgment underscores the importance of upholding the principles of constitutionalism and paves the way for a new chapter in the relationship between the central government and the people of Jammu and Kashmir. With this decision, the Supreme Court reaffirms its role as the guardian of the Constitution and sets a precedent for future interpretations of constitutional provisions.

 

 

 

 

1. SUPREME COURT UPHOLDS CONSTITUTIONAL VALIDITY OF ABROGATION OF ARTICLE 370 CARRIED OUT BY CONSTITUTIONAL ORDERS 272 & 273. President Ramnath Kovind issued it, rendering Article 370 redundant.

 

 

2. Article 370 was a temporary provision.

 

 

3. J&K does not retain any element of sovereignty after the Instrument of Accession and Proclamation (dated 25th November 1949) was signed.

 

 

4. The challenge to the proclamation of Presidential rule is not valid.

 

 

5. The power of Parliament to legislate for the state includes law-making power. The power of Parliament to legislate can be exercised to make irreversible changes.

 

 

6. The dissolution of the Constituent Assembly did not make the power of the President under Article 370 (3) redundant. In any case the recommendation was not binding on the President of India. The petitioners failed to prove that the exercise of power while issuing CO 272 & 273 was malafide.

 

 

7. The exercise of power by President under Article 370 (3) was to apply the Indian Constitution in its entirety. The continuous exercise of power by the President shows the gradual process of integration was ongoing. Therefore, this step was only to culminate the process of constitutional integration of the state of j&K with the rest of the country.

 

 

8. Para 2 of CO 272, by which Article 370 was amended, which in the opinion of the court was not necessary while exercising the power under CO 273.

 

 

9. The amendment made to Article 367 was held to be irrelevant

 

 

10. In light of the observations of the court upholding CO 272 & 273 the provisions of the Constitution of Jammu and Kashmir have become redundant.

 

 

11. Presidential use of power is not mala fide.

 

 

12. The restoration of the statehood has been left to the wisdom of the central government. Further the carving out of the UT of Ladakh has been upheld.

 

 

13. When a Proclamation under Article 356 is in force, there are innumerable decisions which are taken by the Union Government on behalf of the State Government for the purpose of day to day administration. Every decision and action taken by the Union Executive on behalf of the State is not subject to challenge.

 

 

14. Due to insurgency, terrorism and violence since 1980s the people of the state suffered insurmountable losses. To investigate the human right violations Truth and Re-Conciliation commission is recommended to be formed.