‘Jammu and Kashmir did not retain any sovereignty after accession to India’: Top quotes from SC verdict on Jammu and Kashmir’s special status

Here are the top quotes from the verdict:

1. 01

   'J&K did not retain any sovereignty after accession to India'

   Reading out his judgment, CJI Chandrachud said "Jammu and Kashmir did not retain any sovereignty after accession to India". While there are limitations to the President’s actions after the proclamation of President’s rule, in this case, they are valid, he said.

   The President and Parliament are not impeded to take over as Governor/State Legislature after the proclamation of President’s rule under Article 356, the CJI said. There was no prima facie case that the President's orders were mala fide or extraneous exercise of power, the CJI said.

2. 02

   'Article 370 was temporary'

   CJI Chandrachud said Article 370 is a temporary provision on a reading of the historical context in which it was included.

   The power of the President to issue a proclamation that Article 370 ceases to operate subsists even after the constituent assembly of Jammu and Kashmir ceased to exist in 1957, he added.

   Holding that the President has no such power after the dissolution of the Constituent Assembly of J&K would lead to the freezing of the process of integration, the CJI said.

   For more on the notion of Article 370 as such, you can click here to read our explainer. 

3. 03

   'No mala fide in exercise of power under Article 370(3) by President'

   CJI Chandrachud also said there is no mala fide in the exercise of power under Article 370(3) by the President of India to issue the August 2019 presidential order.

   We hold the president seeking concurrence of union and not state is valid, all provisions of Indian constitution can be applied to J-K, the CJI said.

4. 04

   Reorgansiation of Ladakh as Union Territory upheld

   CJI Chandrachud also upheld the reorganisation of Ladakh as a Union Territory.

   On the reorganisation of Jammu and Kashmir into the Union Territory of Jammu and Kashmir, and Ladakh, the CJI said, "In view of Centre's submission that the UT status is temporary, the court doesn't find it necessary to determine if reorganisation of J&K into UT is valid."

5. 05

   'Purpose of Article 370 was to slowly bring J&K at par with other Indian states'

   In concurring judgment with the CJI, Justice S K Kaul said that the purpose of Article 370 was to slowly bring J&K at par with other Indian states.

6. 06

   'Article 370 is an example of asymmetric federalism'

   In his judgment, Justice Khanna said that Article 370 is an example of asymmetric federalism and not indicative of the sovereignty of J&K.

   The abrogation of Article 370 does not erode federalism, he added. 

7. 07

   'Set up a Truth and Reconciliation Commission'

   Justice Kaul also recommended setting up a Truth and Reconciliation Commission to look into alleged violations of human rights by both state and non-state actors in Jammu and Kashmir. It should be based on a dialogue and not become a criminal court, he said. 

   Such commissions have been set up in many countries of Latin America, Africa and elsewhere after bouts of internal strife. They are meant to probe allegations of rights abuses and help restore peace between communities through the delivery of justice.

8. 08

   'Armies meant to fight battles against enemies, not to control law and order in the state'

   Justice Sanjay Kaul said that he has penned a 'sentimental' epilogue at the end of his opinion.

   Kaul said: The valley of Kashmir carries a historical burden and 'We the people of Jammu and Kashmir are at the heart of the debate.'

   "Armies are meant to fight battles against enemies... not to control law and order in the state. The entry of the army created its own ground realities in the state... men women and children have paid a heavy price," he added.