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

Supreme Court verdict on Article 370: CJI said Jammu and Kashmir didn't have any internal sovereignty.

Published on: Dec 11, 2023, 11:45:26 IST

By HT News Desk

Prefer HTon Google

Share via

Copy link

New Delhi: 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.

Chief Justice of India DY Chandrachud during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution. (PTI)

Upholding the right of the President of India and the Centre to revoke Article 370, he said Jammu and Kashmir didn't retain independent sovereignty after it joined the Union of India.

"J&K surrendered its complete sovereignty with the merger. J&K Constitution was only to further define it's relationship with India," he added.

He said Jammu and Kashmir didn't have any internal sovereignty and its constitution was "subordinate to the Constitution of India".

The bench – comprising CJI Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant – said there are restrictions on powers to be exercised after the imposition of the President's Rule under Article 356.

"The Centre can exercise power of a state government under the President's rule. Parliament/President can exercise legislative powers of a state under proclamation," the court added.

The court also observed that Article 370 was a "temporary provision", rejecting the arguments of the petitioners.

Also read: Article 370 verdict: Supreme Court directs ECI to conduct elections in J-K by September 30, 2024

CJI Chandrachud said the President had the power to abrogate Article 370. He said a recommendation from the constituent assembly of Jammu and Kashmir wasn't required.

The Chief Justice observed that the power of abrogation of the article is for the integration of Jammu and Kashmir.

"Can't sit in appeal over the President's decision to abrogate Article 370 except in extraordinary circumstances," he added.

He said the court can't hold the abrogation of Article 370 "malafide".

"President could have applied all provisions of the Constitution to J&K with the concurrence of the Centre and it wasn't required to also obtain concurrence of the state assembly," he added.

(Reported by Utkarsh Anand)

ABOUT THE AUTHOR
HT News Desk
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.Read More

Follow India news real-time updates and the latest news covered on Hindustan Times, featuring today's critical updates on Sonam Wangchuk LIVE and more across India.