SC Upholds Validity Of Presidential Order Abrogating Article 370

The Supreme Court on Monday (11 December) upheld the validity of the Presidential order abrogating Article 370 of the Constitution.

"We hold tha the effect on Presidential power to issue a notification abrogating Article 370 subsists," CJI D Y Chandrachud said.

The CJI said that the recommendation of the constituent assembly was not binding on the President.

"Constituent assembly was never intended to be permanent body and it was to operate in a period of transition. When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article remained," he said.

The Court further said that Article 370(3) was introduced for constitutional integration and not for constitutional disintegration.

"Holding that 370(3) cannot be used after constituent assembly was dissolved cannot be accepted since it was freeze the provision for constitutional integration," it said.

"The Court cannot sit in appeal over the decision of the President of India. The decision is however not beyond of judicial review and slew of constitutional orders under 370(1)(d) shows that union and state through a collaborative process had applied the constitution of india to the state of jammu and kashmir. This shows the gradual process of integration was ongoing and thus we do not find use of Presidential power was malafide. Thus we hold Presidential power to issue the notification was valid," the Court said.