Highlights of SC verdict on Article 370

>J&K does not retain any element of sovereignty after instrument of accession was signed

>No internal sovereignty for Jammu and Kashmir

>Challenge to the proclamation of presidential rule is not valid

>Exercise of power of president must have a reasonable nexus with the object of presidential rule

>Power of parliament to legislate for state cannot exclude law making power

>Article 370 was a temporary provision

>When constituent assembly was dissolved only the transitory power of the assembly ceased to exist and no restriction on presidential order

>PARA 2 of CO 272 by which Article 370 was amended by amending Article 367 was ultra vires as interpretation clause cannot be used for amendment

>President use of power was not mala fide and no concurrence needed with state

>PARA 2 of CO 272 in exercise of power under 370(1)(d) applying all provisions of Indian constitution to Jammu and Kashmir was valid

>The continuous exercise of power by the president shows the gradual process of integration was ongoing. thus CO 273 is valid

>Constitution of Jammu and Kashmir is declared to have become redundant

> Presidential use of power not mala fide

 

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