SC upholds validity of President’s order on Article 370

SC upholds validity of President’s order on Article 370

Srinagar, Dec 11: Eighty-six days after reserving the verdict and more than four years after abrogation of Article 370 of the constitution and bifurcation of the erstwhile state into Jammu and Kashmir and Ladakh, the Supreme Court of India on Monday upheld as valid the President’s order C.O. 272, allowing the Union to amend Article 370 without the recommendation of the Constituent Assembly.

Supreme Court upholds status of Ladakh as Union Territory.

Supreme Court declares Constitution of J&K redundant.

Supreme Court directs Election Commission of India to hold Assembly elections in J&K by September 30, 2024

SC directs restoration of J&K’s statehood before polls ordered to be held by 30 September 2024

Srinagar: Supreme Court on Monday directed the Election Commission of India to hold elections in Jammu and Kashmir by 30 September 2024 and directed that restoration of State should take earliest or as soon as possible

Supreme Court Verdict In a Nutshell:

1 J&K does not retain any element of sovereignty after instrument of accession was signed

2. No internal sovereignty for jammu and Kashmir
3. Challenge to the proclamation of presidential rule is not valid
4. Exercise of power of president must have a reasonable nexus with the object of presidential rule
5. Power of parliament to legislate for state cannot exclude law-making power
6. Article 370 was a temporary provision
7. When the constituent assembly was dissolved only the transitory power of the assembly ceased to exist and no restriction on presidential order
8. Para 2 of co 272 by which article 370 was amended by amending article 367 was ultra vires as interpretation clause cannot be used for amendment
9. The President’s use of power was not mala fide and no concurrence needed with state
10. Para 2 of co 272 in the exercise of power under 370(1)(d) applying all provisions of Indian constitution to Jammu and kashmir was valid
11. The continuous exercise of power by the president shows the gradual process of integration was ongoing. thus co 273 is valid
12. The Constitution of Jammu and Kashmir is operative and is declared to have become redundant
13. Presidential use of power not mala fide 14. sg made statement that statehood will be restored to Jammu and Kashmir. we uphold the decision to carve out UT of Ladakh. we direct ECI hold polls under the section
14. SG made a statement that statehood will be restored to Jammu and Kashmir. we uphold the decision to carve out ut of Ladakh. we direct ECI holds polls under section 14 of the reorganization act and statehood at the earliest…………………….#KNT