Article 370 Verdict as it happened: Modi calls SC verdict 'historic', while many J&K leaders are unhappy

SC verdict on Article 370 disappointing, justice yet again eludes people of J&K: People's Conference chief Sajad Lone

On Supreme Court verdict on Article 370 in J&K, Solicitor General Tushar Mehta says, "5th August, 2019 and today’s date will go down in the history of India when a Himalayan constitutional blunder of the past with gigantic proportion is ultimately corrected by the Government...It is only the iron will of our Prime Minister Narendra Modi and resolute decisiveness and brilliant strategy of our Home Minister Shri Amit Shah which made this historical decision possible. The nation will ever remain indebted to them..

India’s Supreme Court issued its verdict today on the Union government’s 2019 decision to amend the Article 370 of the Indian Constitution, which stripped the erstwhile state of Jammu and Kashmir of its special status.

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Ghulam Nabi Azad expresses dissapointment on SC verdict upholding the Modi government’s 2019 decision to scrap the autonomy of Jammu and Kashmir

"SC verdict sad and unfortunate, people of J&K not happy with it, but we have to accept it," he said, according to PTI news agency.

The state of Jammu and Kashmir does not have internal sovereignty different from other states. Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India, we have held no, says CJI.
 

Justice SK Kaul proposes establishing "truth and reconciliation commission" on lines of South Africa to understand the issues faces by people of J&K in past several decades.

"I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since 1980s and recommend measures for reconciliation. It is for the government to decide the manner in which the Truth and Reconciliation Commission must be set up, considering the sensitiv of the issues involved."

"The Commission must not turn into a criminal court and must be offering a platform for dialogue... Refers to Truth and Reconciliation Commission set up in South Africa."

Supreme Court upholds reorganisation of Ladakh as Union Territory.

J Kaul : Purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other States of India. Requirement of recommendation of J&K Constituent Assembly cannot be read in a manner making the larger intention redundant
J Kaul : When the Constituent Assembly ceased to exist, it meant only the proviso to Article 370(3) was rendered otiose. But the main provision existed.
J Kaul : Regarding the amendment of Article 370 using 367, I have said when a procedure is prescribed, it has to be followed. Amendment through the backdoor not permissible.

Following conclusions : 
a) State of J&K does not retain any element of sovereignty. It does not have internal sovereignty. Article 370 a feature of asymmetric federalism and not soveriengty.
CJI : b) Petitioners did not challenge Presidential Proclamation. 
C) Exercise of Presidents' power after the proclamation are subject to judicial review.
d) Power of Parliament under Article 356(1) to exercise powers on behalf of State assembly is not restricted to law making powers.
e) Article 370 is a temporary power. 
f) Power under Article 370(3) did not cease after the J&K Constituent assembly ceased to exist. 
g) Article 370 cannot be amended by exercise of power under Article 370(1)(d).

Article 370: We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest, says CJI

Supreme Court directs Election Commission of India to conduct elections in Jammu and Kashmir by September 2024.
 

"We have held that all provisions of the Constitution of India can be applied to J&K using Article 370(1)(d) in one go. We do not find the use of Presidential power to issue CO 273 was mala fide. Thus we hold the exercise of Presidential Power to be valid," says CJI.

Holding that the power under Article 370(3) ceases to exist after the dissolution of the Jammu and Kashmir Constituent Assembly will lead to the freezing of the process of integration, says CJI

The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K. The recommendation of the Constituent Assembly was not binding on the President. J&K Constituent Assembly was intended to be a temporary body, says Chief Justice of India.

Recommendation of the Constituent Assembly was not binding on the President. J&K Constituent Assembly was intended to be a temporary body, says CJI

Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision, says Chief Justice of India.

Exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation. Every decision taken by Union on behalf of State during Presidential rule not open to challenge...This will lead to the administration of state to a standstill, says CJI.

Jammu and Kashmir did not retain an element of sovereignty when it joined Union of India, says Chief Justice of India.
 

The argument of petitioners that the Union cannot take actions with irreversible consequences in the State during Presidential rule is not accepted, says Chief Justice of India.

Supreme Court refuses to rule on the validity of the Presidential rule imposed in J&K in December 2018 since it was not specifically challenged by the petitioners

"There are limitations on power of the Union in states when proclamation of presidential rule is in force," says CJI.

"Whether the Presidential proclamation valid. Court need not adjudicate on this since petitioners did not challenge it. And in any case it was withdrawn in Oct 2019."

"Whether the J&K Reorganisation Act bifurcating the State into two UTs constitutionally valid," he said.

Whether the Presidential rule imposed in December 2018 and subsequent extensions valid.
 

Whether Article 370 temporary. b) Whether substitution of 'constituent assembly' by legislative assembly by using 370(1)(d) valid CJI : Whether Presi

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Supreme Court Chief Justice of India (CJI) DY Chandrachud says, "I will read out the essence. There are three judgments. One by CJI for himself for J Gavai and Surya Kant. There is a concurring opinion by Justice Kaul. Justice Sanjiv Khanna has concurred with both."

On reports of J&K leaders put under house arrest ahead of SC verdict on abrogation of Art 370, LG Manoj Sinha says, "This is totally baseless. No one has been put under house arrest or arrested due to political reasons in J&K. It is an attempt to spread rumours."

Former chief minister and People's Democratic Party (PDP) president Mehbooba Mufti said that she was put under house arrest on Monday ahead of the Supreme Court's verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution that conferred a special status on Jammu and Kashmir.

"Even before Supreme Court judgement is pronounced, police has sealed the doors of the residence of PDP president @MehboobaMufti and put her under illegal house arrest," the party said in a post on X.