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

CJI : There is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty.

CJI : Proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist.

CJI : Constitutional set up did not indicate that Jammu and Kashmir retained sovereignty.

CJI : Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India.

We have held NO.

CJI : Argument of the petitioners can the Parliament can only make the law-making powers of the State when the Presidential rule is in force is NOT ACCEPTED.

CJI : Argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule is NOT ACCEPTED.

CJI : Exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation.

CJI : Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill...

#SupremeCourt refuses to rule on the validity of the Presidential rule imposed in J&K in December 2018 since it was not specifically challenged by the petitioners

CJI : There are limitations on power of the Union in states when proclamation of presidential rule is in force.

CJI : Whether the Presidential proclamation valid.

Court need not adjudicate on this since petitioners did not challenge it. And in any case it was withdrawn in Oct 2019.

CJI : Whether the J&K Reorganisation Act bifurcating the State into two UTs constitutionally valid.

CJI : Whether the Presidential rule imposed in December 2018 and subsequent extensions valid.