Supreme court in its historic verdict has upheld the legality of abrogation of article 370.
Senior counsel Kapil Sibal Argued that article 370 gained permanency after the dissolution of constituent assembly of Jammu and Kashmir. Hence, the parliament could not abrogate it.
Central government was represented by Attorney General R Venkataraman, and Solicitor General Tushar Mehta. The government argued, Jammu and Kashmir was not the only state whose accession to India was through instruments of accession, and that many other princely states had also joined India after independence in 1947, with conditionalities.
Apex court observed that Jammu and Kashmir has always been an integral part of India. The SC held that J&K did not retain any element of sovereignty after its accession to India in 1947.
CJI Chandrachud cited Section 3 of the J&K Constitution itself, Article 3 of the J&K Constitution reads: “The State of Jammu and Kashmir is and shall be an integral part of the Union of India.” The state’s Constitution also provided that this provision cannot be amended.
Justice Kaul said that being the only state with its own Constitution also does not define a special status. “The purpose of J&K Constitution was to ensure everyday governance in the state and the purpose of Article 370 was to integrate the state with India,”
the central theme of argument of petitioners was the legality of article 370 during presidential rule in the state.
The Supreme Court referred to the 1994 ruling in ‘SR Bommai v Union of India’ which dealt with the powers and limitations of the Governor under President’s rule.
Justice Chandrachud stated, “no prima facie case that the President’s orders were malafide or extraneous exercise of power.”
PM Modi swiftly welcomed the verdict by posting on his 'x' account-
Ex-CM and prominent Kashmiri Leader Omar Abdullah expressed his disappointment-
