New Delhi: On December 11, the Supreme Court upheld the Union Government’s 2019 decision to revoke Jammu and Kashmir’s special status under Article 370. The court clarified that J&K lacked internal sovereignty, and the State Government’s consent wasn’t needed to apply the Indian Constitution.
Article 370, deemed a temporary provision, was analyzed historically, with the court stating that the President’s power under Article 370(3) to revoke it persisted after the dissolution of the J&K Constituent Assembly. The court argued that binding the power under Article 370(3) to the Constituent Assembly’s dissolution would hinder the integration process, emphasizing that this power continued even after the assembly’s discontinuation.