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.
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.
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.
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)
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