The Supreme Courts verdict on the abrogation of Article 370, pronounced on Monday, has paved the way for significant changes in the constitutional landscape of Jammu and Kashmir. Lets delve into the pivotal quotes from Chief Justice of India (CJI) D Y Chandrachud and the bench, providing insights into the crucial aspects of the judgment.IntroductionThe Supreme Court, in response to petitions challenging the Centres decision to revoke Article 370 on August 5, 2019, has delivered a landmark judgment on December 11, 2023. Comprising a five-judge bench, including CJI D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, the court announced three separate but concurring judgments.Key Quotes from the Verdict1. J&K did not retain any sovereignty after accession to IndiaCJI Chandrachud, while delivering his judgment, unequivocally stated, Jammu and Kashmir did not retain any sovereignty after accession to India. He highlighted the limitations to the Presidents actions post the proclamation of Presidents rule, asserting their validity in this specific case. Chandrachud emphasised that the President and Parliament have the authority to assume control as Governor/State Legislature after the proclamation of Presidents rule under Article 356. Importantly, he clarified that there was no prima facie evidence to suggest that the Presidents orders were mala fide or an extraneous exercise of power.Article 370: The Supreme Court says it holds that Jammu and Kashmir did not retain an element of internal sovereignty after it acceded to India pic.twitter.com/P7hgp9h986— ANI (@ANI) December 11, 20232. Article 370 was temporaryCJI Chandrachud emphasised that Article 370 is a temporary provision, contextualised within its historical origins. He elaborated on the Presidents power to proclaim that Article 370 ceases to operate, which persists even after the constituent assembly of Jammu and Kashmir ceased to exist in 1957. Chandrachud argued that denying the President such power after the dissolution of the Constituent Assembly would result in freezing the process of integration.Supreme Court says it has held that Article 370 is a temporary provision. https://t.co/bW9fF268nM— ANI (@ANI) December 11, 20233. No mala fide in exercise of power under Article 370(3) by PresidentCJI Chandrachud asserted that there was no mala fide in the exercise of power under Article 370(3) by the President of India to issue the August 2019 presidential order. He emphasised the validity of the President seeking concurrence from the union rather than the state. According to the CJI, all provisions of the Indian constitution can be applied to Jammu and Kashmir.4. Reorganisation of Ladakh as Union Territory upheldCJI Chandrachud upheld the reorganisation of Ladakh as a Union Territory. Regarding the broader reorganisation of Jammu and Kashmir into the Union Territory of Jammu and Kashmir, and Ladakh, the CJI stated, In view of the Centres submission that the UT status is temporary, the court doesnt find it necessary to determine if the reorganisation of J&K into UT is valid.Supreme Court upholds reorganisation of Ladakh as Union Territory pic.twitter.com/8FLSHS5kVa— ANI (@ANI) December 11, 2023ConclusionThe Supreme Courts pronouncement on the abrogation of Article 370 marks a significant chapter in the constitutional evolution of Jammu and Kashmir. The key quotes from CJI Chandrachud provide clarity on the courts stance regarding sovereignty, the temporary nature of Article 370, the absence of mala fide in the Presidents actions, and the upheld reorganisation of Ladakh as a Union Territory.
