Supreme Court Upholds Abrogation Of Article 370: Live Updates From Judgment Pronouncement

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11 Dec 2023 8:15 AM IST

  • Supreme Court Upholds Abrogation Of Article 370: Live Updates From Judgment Pronouncement

    The Supreme Court will pronounce its judgment in the Article 370 case today at 10.30 AM.A 5-judge bench led by Chief Justice of India DY Chandrachud will decide the validity of the Presidential Orders of 2019 repealing the special status of Jammu and Kashmir.Follow this page for live-updates from the Supreme Court.The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai...

    The Supreme Court will pronounce its judgment in the Article 370 case today at 10.30 AM.

    A 5-judge bench led by Chief Justice of India DY Chandrachud will decide the validity of the Presidential Orders of 2019 repealing the special status of Jammu and Kashmir.

    Follow this page for live-updates from the Supreme Court.

    The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, reserved the judgment in the case on September 5, after 16 days of hearing. A thread compiling all the hearing reports can be accessed here.

    Live Updates

    • 11 Dec 2023 11:43 AM IST

      J Kaul : Purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other States of India. Requirement of recommendation of J&K Constituent Assembly cannot be read in a manner making the larger intention redundant

      J Kaul : When the Constituent Assembly ceased to exist, it meant only the proviso to Article 370(3) was rendered otiose. But the main provision existed.

    • 11 Dec 2023 11:41 AM IST

      Justice Sanjay Kishan Kaul reads out his judgment(concurring).

      J Kaul : I have started with historical bacground...my conclusions are more or less the same, except in one issue, regarding Prem Nath Kaul case, I have taken a different route.

    • 11 Dec 2023 11:41 AM IST

      #BREAKING CJI : 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.

    • 11 Dec 2023 11:40 AM IST

      CJI : The views of the State legislature under Article 3 proviso is recommendatory.

      SG stated that statehood of J&K will be restored except for the carving out of the UT of Ladakh. So this issue is left upon.

    • 11 Dec 2023 11:40 AM IST

      CJI : (i) Para 2 to CO 272 applying all provisions of Constitution to J&K is valid.

      (j) President had the power to issue notification declaring that Article 370 ceases to operate without a recommendation of the J&K Constituent Assembly. It is a culmination of integration process

    • 11 Dec 2023 11:39 AM IST

      CJI : Para 2 of CO 272 amending Article 367 is ultra vires because it modifies Article 370 in effect.

      h) Exercise of power by the President under 370(1)(d) is not mala fide. President did not have to take concurrence of State and can act on Union's concurrence.

    • 11 Dec 2023 11:34 AM IST

      CJI : e) Article 370 is a temporary power.

      f) Power under Article 370(3) did not cease after the J&K Constituent assembly ceased to exist.

      g) Article 370 cannot be amended by exercise of power under Article 370(1)(d).

    • 11 Dec 2023 11:34 AM IST

      CJI : d) Power of Parliament under Article 356(1) to exercise powers on behalf of State assembly is not restricted to law making powers.

    • 11 Dec 2023 11:33 AM IST

      CJI : b) Petitioners did not challenge Presidential Proclamation.

      C) Exercise of Presidents' power after the proclamation are subject to judicial review.

    • 11 Dec 2023 11:33 AM IST

      CJI : Following conclusions :

      a) State of J&K does not retain any element of sovereignty. It does not have internal sovereignty. Article 370 a feature of asymmetric federalism and not soveriengty.

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