Summary of CJI Chandrachud's verdict on Article 370

New Delhi: A five-judge Constitution bench of the Supreme Court on Monday commenced pronouncing three separate judgments to decide the validity of the Centre's decision of August 5, 2019 to abrogate the provisions of Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.

The bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant assembled at 10.56 am to pronounce the three separate and concurring judgements.

The CJI said there are three judgements on the issue. While the CJI writes the judgment on behalf of himself, Justices Gavai and Surya Kant, Justice Kaul and Justice Khanna write separately.

The summary of the CJI's verdict is as under:

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 sovereignty.

(b)Petitioners did not challenge Presidential Proclamation.

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

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

(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).

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.

(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

(k) The views of the State legislature under Article 3 proviso is recommendatory.

(l) 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.

(m) 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.