By Online Desk
Chief Justice of India (CJI) D Y Chandrachud on Monday said that the apex court held the exercise of presidential power to issue a constitutional order abrogating Article 370 of Constitution as valid.
A five-judge apex court bench is set to pronounce its verdict on pleas challenging the Centre’s abrogation (repeal) of provisions of Article 370 which bestowed a special status on the erstwhile state of Jammu and Kashmir (J&K).
The CJI also rejected arguments by petitioners that no irreversible action could be taken by the Centre during President’s rule. “Every decision taken by the Centre on behalf of the state during Presidential Eule can’t be challenged,” CJI Chandrachud said on Monday while reading out his judgement.
CJI Chandrachud also held that Article 370 is a temporary provision.
“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.
“When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article continued,” CJI Chandrachud elaborated.
The top judge also directed that restoration of statehood in the Union Territory of J&K should be done at the earliest.
In his concluding points, the CJI stated that the state of J&K does not retain any element of sovereignty. “It does not have internal sovereignty. Article 370 is a feature of asymmetric federalism and not sovereignty.”
The top judge directed the Election Commission of India to hold elections as soon as possible.
“We direct that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Restoration of statehood shall take place as soon as possible.”
CJI Chandrachud at the outset said that there are three judgements by the five-judge bench on the issue. The other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
“There are three judgments. One by CJI for himself for Justice Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both,” the CJI said.
Key points from CJI Chandrachud’s judgements:
We uphold validity of decision to carve Union Territory of Ladakh out of Jammu and Kashmir: CJI
We hold exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid: CJI
J&K does not have internal sovereignty different from other states of the country: CJI
J&K became integral part of India, this is evident from Articles 1 and 370 of the Constitution: CJI
We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest: CJI
Background
The apex court reserved its verdict on the matter on September 5 after a 16-day hearing.
The lawyers on behalf of the various petitioners had dwelt on various issues, including the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor’s rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president’s rule on December 19, 2018 and its extension on July 3, 2019.
OPINION BY Makarand R Paranjape: Awaiting the SC judgement on Article 370
– With PTI inputs
(This story will keep being updated)
Follow channel on WhatsApp
Chief Justice of India (CJI) D Y Chandrachud on Monday said that the apex court held the exercise of presidential power to issue a constitutional order abrogating Article 370 of Constitution as valid.
A five-judge apex court bench is set to pronounce its verdict on pleas challenging the Centre’s abrogation (repeal) of provisions of Article 370 which bestowed a special status on the erstwhile state of Jammu and Kashmir (J&K).
The CJI also rejected arguments by petitioners that no irreversible action could be taken by the Centre during President’s rule. “Every decision taken by the Centre on behalf of the state during Presidential Eule can’t be challenged,” CJI Chandrachud said on Monday while reading out his judgement.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
CJI Chandrachud also held that Article 370 is a temporary provision.
“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.
“When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article continued,” CJI Chandrachud elaborated.
The top judge also directed that restoration of statehood in the Union Territory of J&K should be done at the earliest.
In his concluding points, the CJI stated that the state of J&K does not retain any element of sovereignty. “It does not have internal sovereignty. Article 370 is a feature of asymmetric federalism and not sovereignty.”
The top judge directed the Election Commission of India to hold elections as soon as possible.
“We direct that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Restoration of statehood shall take place as soon as possible.”
CJI Chandrachud at the outset said that there are three judgements by the five-judge bench on the issue. The other members of the bench are Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.
“There are three judgments. One by CJI for himself for Justice Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both,” the CJI said.
Key points from CJI Chandrachud’s judgements:
We uphold validity of decision to carve Union Territory of Ladakh out of Jammu and Kashmir: CJI
We hold exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid: CJI
J&K does not have internal sovereignty different from other states of the country: CJI
J&K became integral part of India, this is evident from Articles 1 and 370 of the Constitution: CJI
We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest: CJI
Background
The apex court reserved its verdict on the matter on September 5 after a 16-day hearing.
The lawyers on behalf of the various petitioners had dwelt on various issues, including the constitutional validity of the Centre’s decision to abrogate the provisions of Article 370, the validity of the Jammu and Kashmir Reorganisation Act, which split the erstwhile state into two Union territories, challenges to the imposition of the governor’s rule in Jammu and Kashmir on June 20, 2018 and the imposition of the president’s rule on December 19, 2018 and its extension on July 3, 2019.
OPINION BY Makarand R Paranjape: Awaiting the SC judgement on Article 370
– With PTI inputs
(This story will keep being updated)
Follow channel on WhatsApp
