SC upholds repeal of J&K’s special status

Subject : Polity

Section: Constitution

Context:

A Constitution Bench of the Supreme Court unanimously upheld the power of the President to abrogate special status of Jammu and Kashmir under Article 370 of the Constitution, leading to the reorganization of the full fledged State to two Union Territories and the removal of its privileges.

Key Highlights:

Court’s Ruling on J&K Sovereignty: The Court unanimously dismissed the claim that J&K retained sovereignty, emphasizing its integral status in the Indian Constitution.
Article 370’s Nature – Temporary or Permanent: Petitioners argued for permanence, but both CJI Chandrachud and Justice Kaul concurred that Article 370 was temporary.
Legality of Article 370 Abrogation: President’s 2019 order redefining the Constituent Assembly was upheld; CJI Chandrachud asserted post-dissolution, the President could unilaterally abrogate Article 370.
President’s Rule and Union’s Actions: The challenge focused on powers under Article 356; Court, citing Bommai ruling, stressed actions must not be mala fide or irrational.
Centre’s Supremacy Upheld: Here, interpreting Parliament’s powers, the Court indicated it could change a state’s status under President’s rule; J&K Reorganisation Bill was referred to Parliament during President’s rule.
Validation of Executive Orders: Applying Bommai standards, the Court emphasized proof of mala fides is necessary to challenge executive orders.