Article 370 verdict Highlights: Modi hails ruling; J-K Oppn leaders deem it sad

Jammu and Kashmir surrendered completely its sovereignty after it joined the Union of India after Independence, Chief Justice of India DY Chandrachud observed on Monday as he pronounced the verdict of a five-judge bench in a clutch of petitions linked to the abrogation of Article 370.

Details here: Jammu and Kashmir surrendered sovereignty after India merger: Supreme Court on Article 370

The President of India had the power to abrogate Article 370 without a prerequisite for a recommendation by the Jammu and Kashmir assembly, the Supreme Court of India observed on Monday while pronouncing a verdict on a clutch of petitions challenging the Central government's 2019 move.

Details: President had power to revoke Article 370, prior Jammu and Kashmir assembly nod not required: SC

"Article 370 was introduced to serve two purposes. First, the transitional purpose: to provide for an interim arrangement until the Constituent Assembly of the State was formed and could take a decision on the legislative competence of the Union on matters other than the ones stipulated in the Instrument of Accession, and ratify the Constitution; and second, a temporary purpose: an interim arrangement in view of the special circumstances because of the war conditions in the State," the Constitution bench stated in it's verdict.

"We should not be disheartened... J&K has seen several ups and downs... SC's verdict stating Article 370 was a temporary provision, is not our defeat, but the defeat of the idea of India... I want to say this to the people of the country that many of you are celebrating this (verdict)... Today J&K was converted into a jail, and all the shopkeepers were directed that they will not open their shops before 10 am. We were under house arrest... This is a political war which has been going on for ages, and a lot of people have sacrificed their lives for this. We will not leave this, we have to come together and fight,” said former Jammu and Kashmir chief minister and President of Jammu and Kashmir People's Democratic Party (JKPDP), Mehbooba Mufti.

On SC verdict on Article 370, National Conference leader Omar Abdullah says, "I am speaking to all of you like this as my house has been locked and I am not allowed to meet anyone. I wanted to give my reaction to the media on what happened in Supreme Court today, but the media is not allowed to come to my house and I am not allowed to step out from here..."

Senior Congress leader and son of Jammu and Kashmir's erstwhile Maharaja Hari Singh, Karan Singh, welcomed the decision of the Supreme Court upholding the abrogation of Article 370 and urged everyone to "accept the inevitable."

The Supreme Court has instructed the ECI to hold the assembly elections in Jammu and Kashmir latest by September 30, 2024. SC also urged for the earliest reinstatement of statehood in the Union Territory.

National Conference (NC) vice president Omar Abdullah on Monday said he is disappointed but not disheartened with the Supreme Court's verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution.

Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad on Monday termed the Supreme Court's verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution "sad and unfortunate", but said "we have to accept it".

During the verdict, the Supreme Court said that all aspects of the Indian Constitution can be applied to Jammu and Kashmir as per the ruling.

Justice Sanjeev Khanna ended the Supreme Court hearing on Article 370 abrogation, upholding the decision to take away the special status of Jammu and Kashmir, urging to restore the statehood soon.

Justice Sanjay Kishan Kaul said during the announcement of the verdict that the Army, which is in place in J&K since 370 was scrapped, is meant to fight enemies and not maintain law and order of a state.

CJI Chandrachud said that the statehood of Jammu and Kashmir should also be restored soon since Article 370 is a temporary measure for the Union Territory.

Apart from the verdict surrounding the abrogation of Article 370, the Supreme Court bench instructed the Election Commission of India to hold elections in Jammu and Kashmir by September 2024.

Summarising the ruling of the Supreme Court, the CJI issued the following three verdicts -

State of J&K does not retain any element of sovereignty. It does not have internal sovereignty. Article 370 a feature of asymmetric federalism and not sovereignty.

Petitioners did not challenge Presidential Proclamation. Exercise of Presidents' power after the proclamation are subject to judicial review.

Power of Parliament under Article 356(1) to exercise powers on behalf of State assembly is not restricted to law making powers.

The Supreme Court has upheld the Presidential order abrogating Article 370 in the Constitution. CJI Chandrachud said that President could have applied all provisions of the Constitution to J&K with the concurrence of the Centre & it wasn't required to also obtain concurrence of the state assembly.

The Supreme Court bench has rejected the case of the petitioners, and has upheld Article 370 as a temporary provision in Jammu and Kashmir.

The CJI said that the Centre can exercise power of a state government under the Prez Role. Parliament/President can exercise legislative powers of a state under proclamation.

Supreme Court holds that there are restrictions on powers to be exercised after imposition of President's Rule under Article 356.