New Delhi: In a unanimous 5-0 decision, the Supreme Court (SC) today  (Dec. 11, 2023) upheld the Centre’s abrogation of Article 370 of the Constitution.

Chief Justice of India (CJI) D.Y. Chandrachud and Justice Sanjay KishanKaul presented two separate but concurring opinions, outlining key rulings on three pivotal issues raised in the petitions:

1. ‘Unique’ and ‘Special Status’ of Jammu and Kashmir

• The Supreme Court affirmed that Jammu and Kashmir (J&K) did not retain any element of sovereignty after its accession to India in 1947.

• The Court emphasised that Maharaja Hari Singh’s proclamation to retain sovereignty was effectively superseded by his successor Karan Singh’s proclamation that the Indian Constitution would prevail.

• The Supreme Court unequivocally concluded that Jammu and Kashmir has always been an integral part of India, citing Section 3 of the J&K Constitution, Article 1, and Article 370 of the Indian Constitution.

2. Temporary or Permanent Nature of Article 370

• The Supreme Court ruled that Article 370 is a temporary, transitional provision.

• Chief Justice of India Chandrachud, adopting a textual approach, highlighted the historical context for including Article 370 and its placement in Part XXI of the Constitution dealing with temporary provisions.

• The Court acknowledged that the “temporary” provision served a purpose during the war-like situation in the State  in 1947.

3. Effective Abrogation of Article 370

• The Supreme Court upheld both Presidential proclamations of August 2019 that effectively abrogated Article 370.

• It endorsed the interpretation that the term “Constituent Assembly of Jammu and Kashmir” referred to the “Legislative Assembly of Jammu and Kashmir.”

• Referring to the 1994 ‘SR Bommai Vs Union of India’ ruling, the Court concluded that the Governor (President in J&K’s case) can assume “all or any” roles of the State Legislature during  the President’s rule.

• The Court found “no prima facie case that the President’s orders were malafide or an extraneous exercise of power.”