Following India’s merger, Jammu and Kashmir gave up its sovereignty: CJI on Article 370

In its ruling on Article 370, the Supreme Court held that Jammu and Kashmir lacked internal sovereignty.Chief Justice of India DY Chandrachud said on Monday that Jammu and Kashmir entirely gave up its sovereignty when it joined the Union of India following its independence. He was delivering the decision of a five-judge panel in a number of cases related to the repeal of Article 370 in 2019.

He affirmed the President of India’s and the Center’s authority to rescind Article 370 and stated that Jammu and Kashmir lost its independent sovereignty upon joining the Union of India.”J&K gave up total sovereignty when they merged. The J&K Constitution just served to clarify the state’s relationship with India,” he continued.According to him, Jammu and Kashmir’s constitution was “subordinate to the Constitution of India” and the region lacked internal sovereignty.

The bench, which included BR Gavai, CJI Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, and Surya Kant, held that there are limitations on the authority that can be used following the imposition of President’s Rule in accordance with Article 356.
Under the President’s direction, the Centre is able to carry out state-level government functions. By proclamation, the President or Parliament may exercise a state’s legislative powers, the court continued.

Rate this post

Subscribe to our Newsletter

Leave a Comment