The Supreme Court has ruled that the President’s move to abrogate Article 370, which grants special status to the state of Jammu and Kashmir, will go ahead. The Supreme Court has given this judgment 4 years after the abrogation of Article 370.
Supreme Court Chief Justice TY Chandrachud has said that Jammu and Kashmir does not have separate sovereignty like other states of India.
Judgment after 4 years:
A five-judge bench of the Supreme Court, including Chief Justice DY Chandrachud, gave notice to the petitions filed against the abrogation of Article 370. Jammu & Kashmir is an integral part of India. This is clear from Articles 1 and 370 of the Constitution,’ said Chief Justice TY Chandrachud.
“We believe that Article 370 is temporary. It was created to complete an interim process. This is a temporary arrangement due to the war situation prevailing in the state.
It is a temporary provision and hence it is placed in Part 21 of the Constitution. “We believe that Jammu and Kashmir has no internal sovereignty after signing its accession to India,” he added.
“Constitution is not for division”:
Following are the details presented by Chief Justice DY Chandrachud in his judgment 370 (3) was brought in for consolidation. This contention that 370 (3) cannot be invoked after the dissolution of the Constituent Assembly cannot be accepted as it is detrimental to constitutional integration.
The Court cannot hear appeals against decisions of the President. However, no decision is beyond judicial review. But several constitutional orders taken under Article 370(1)(d) show that the Central Government and the State are acting together. India has been implemented in Jammu and Kashmir through this process.
This shows that the process of unification of the state of Jammu and Kashmir was going on in the past and therefore this decision cannot be seen as misuse of powers by the President. Therefore, we legalize the decision of the President.
What is Article 370?
Article 370 of the Constitution of India grants special status to Jammu and Kashmir.
This clause makes the Constitution of India completely inapplicable to Jammu and Kashmir. Apart from Article 1 which states that India is a Union of States, no other law applies to Jammu and Kashmir. Jammu and Kashmir has a separate constitution.
The President of India has the power to modify any part of the Constitution to suit the state. But the approval of the state government is mandatory for this.
Article 370 also states that the Parliament of India can amend the laws of Jammu and Kashmir only in relation to three sectors – foreign affairs, defense and communication.
Also, Article 370 contains limitations on how those amendments can be made. The article also states that this provision can be amended only by the President with the approval of the Jammu & Kashmir Constituent Assembly.
The Constituent Assembly of Jammu & Kashmir is a 75-member body formed in 1951. Just as the Constitution of India was framed by the Constituent Assembly of India, the Constitution of Jammu & Kashmir was framed by the Constituent Assembly of Jammu & Kashmir.
In November 1956, the Jammu & Kashmir Constituent Assembly was dissolved after the state’s constitution was adopted.
Article 370 has long stood in the way of BJP’s plan on Kashmir. In its election manifestos, the BJP has consistently said that it will remove Articles 370 and 35A from the Constitution of India. Article 35-A was added to the Constitution in 1954 in addition to Article 370.
The Act gave special rights to the permanent residents of Jammu & Kashmir in matters such as government employment, acquisition of property in the state and residence in the state.