SC upholds abrogation of Article 370, says move was part of 70-year-old exercise to integrate J&K to the Union
The Hindu
A Constitution Bench of the Supreme Court on Monday unanimously upheld the power of the President to abrogate Article 370 in August 2019, leading to the reorganisation of the full-fledged State of Jammu and Kashmir to two Union Territories and denuding it of its special privileges. The five-judge Bench headed by Chief Justice of India D.Y. Chandrachud confirmed that the President could “unilaterally issue a notification that Article 370 ceases to exist”. The court declared the Jammu and Kashmir Constitution “redundant” and “inoperative”.
A Constitution Bench of the Supreme Court on Monday unanimously upheld the power of the President to abrogate Article 370 in August 2019, leading to the reorganisation of the full-fledged State of Jammu and Kashmir to two Union Territories and denuding it of its special privileges.
The five-judge Bench headed by Chief Justice of India D.Y. Chandrachud confirmed that the President could “unilaterally issue a notification that Article 370 ceases to exist”.
The court held that the President had power to abrogate Article 370 if “special circumstances warrant a special solution”.
“The court cannot sit in appeal over the decision of the President on whether the special circumstances which led to the arrangement under Article 370 have ceased to exist,” the Chief Justice reasoned.
The court said the abrogation of Article 370 was the culmination of a “gradual and collaborative exercise” spread over the past 70 years between the Centre and the State to integrate Jammu and Kashmir with the Union. The objective of the integration process was to make the entirety of the rights and obligations enshrined in the Indian Constitution applicable to the people of Jammu and Kashmir. Justice Sanjay Kishan Kaul, in an epilogue, referred to witnessing the inter-generational trauma caused by violence and mass migration during his travels to Jammu and Kashmir. He proposed the setting up of a Truth and Reconciliation Committee to reach out to the people
The court declared the Jammu and Kashmir Constitution “redundant” and “inoperative”.
“The Constitution of India is a complete code for constitutional governance,” Chief Justice Chandrachud observed.
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