Case Law Details
In re Article 370 Of The Constitution (Supreme Court of India)
Introduction: In a historic judgment, the Supreme Court of India, led by Chief Justice Dr. Justice D.Y. Chandrachud, upheld the abrogation of Article 370 of the Constitution. The verdict, accompanied by detailed opinions from Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, provides a comprehensive analysis of the constitutional intricacies surrounding the revocation of the special status accorded to the erstwhile state of Jammu and Kashmir.
Background and Key Findings
1. Sovereignty and Asymmetric Federalism: The Chief Justice, in his opinion, clarified that the State of Jammu and Kashmir did not retain any element of sovereignty post the Instrument of Accession (IoA) and the Proclamation dated 25 November 1949. Article 370, viewed as a feature of asymmetric federalism, did not confer internal sovereignty distinct from other states.
2. Temporary Nature of Article 370: The court emphasized that Article 370 was a temporary provision and could be abrogated through the mechanism outlined in Article 370(3). The historical context, placement in the Constitution, and subsequent practices highlighted its transitional nature.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
