Supreme Court Upholds Abrogation Of Article 370: Live Updates From Judgment Pronouncement
CJI : History shows gradual process of constitutional integration was not going on. It was not as if after 70 years Constitution of India was applied in one go. It was a culmination of the integration process.
CJI : Court cannot sit in appeal over the decision of the President of India on whether the special circumstances under Article 370 exist.
CJI : Holding that the power under Article 370(3) ceases to exist after the dissolution of the J&K Constituent Assembly will lead to the freezing of the process of integration. #Article370 #JammuKashmir #SupremeCourt
CJI : 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 : Recommendation of the Constituent Assembly was not binding on the President. J&K Constituent Assembly was intended to be a temporary body.
#BREAKING CJI : 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.
CJI : Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision. Marginal note says it is temporary and transitory.
CJI : Next we have addressed challenge to Constitutional Order 273. To decide, we have considered whether Article 370.
#BREAKING CJI : We have held that Article 370 is a temporary provision.
CJI : All States in the country have legislative and executive power, albeit to differing degrees. Article 371 A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism.
CJI : The State of Jammu and Kashmir does not have internal sovereignty different from other States.
CJI : That the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.