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

CJI : The question whether Parliament can convert a State into a Union Territory is left open.

CJI : The reorganisation of Ladakh as Union Territory is upheld as Article 3 allows a portion of State to be made as UT.

CJI : Validity of J&K Reorganisation Act 2019-

SG submitted that statehood of J&K will be restored and the status of UT was temporary. In view of the submission made by the SG, we don't find it necessary to determine whether the reorginazation of J&K into UT is valid.

CJI : Interpretative clause cannot be used to bypass the specific route for a constitutional amendment. Permitting such amendments by such a surreptitious method would be disastrous.

#BREAKING CJI : We have therefore held that the amendments made to Article 370 by taking recourse to Article 367 as ultra vires.

CJI : The interpretation clause cannot be modified to amend Article bypassing the amendment process.

#BREAKING CJI : While the change sought to be made by CO 272 appears to be to Article 367 at the first blush, it effectively changes Article 370. It changes the body for recommendation. Thus the changes are substantive

CJI : Concurrence of the State govt was not required to apply all provisions of the Constitution using Article 370(1)(d). So the President taking the concurrence of the Union Govt was not malafide.

#BREAKING CJI : We have held that CO 272 to the extent of modifying Article 367 is ultra vires Article 370.

#BREAKING CJI : Principle of consultation and collaboration was not required to be followed for the exercise of Presidential power.

CJI : We have held that all provisions of the Constitution of India can be applied to J&K using Article 370(1)(d) in one go.

#BREAKING CJI : We do not find the use of Presidential power to issue CO 273 was MALA FIDE. Thus we hold the exercise of Presidential Power to be VALID.