LIVE | Not just a judgment, but beacon of hope: PM Modi on Art 370 ruling
Hold polls in J&K by September 30, 2024: SC
SC directs EC to conduct J&K polls
SC on Article 367
'Government's intent for modifying Article 370 not mala fide'
SC says government's intent for modifying Article 370 not mala fide.
It also says concurrence of the State government of J&K was not required to apply all provisions of the Constitution to J&K using Article 370 (1) (d).
SC holds using Constitutional Order 272 to modify Article 367 was Ultra Vires of Article 370.
It says Amendments made to Article 370 (3) by recourse to Article 367 were Ultra Vires.
'Abrogation of Article 370 was culmination of integration process of J&K'
'Article 370 had ceased to exist once Constituent Assembly of J&K ceased to exist'
SC on power of President
SC holds Article 370 is a temporary provision of the Constitution
SC rules J&K did not retain sovereignty after accension to India.
The apex court also rules every decision taken by the Union on behalf of a State during President Rule needn't be open to judicial challenge as it would bring administration to a halt. It adds a reasonable nexus must exist in the exercise of powers under Article 356 and the objective of the Presidential proclamation.
SC also rejects arguments by petitioners that the Union can't take actions with irreversible consequences for a State during President's Rule.
SC holds Article 370 is a temporary provision of the Constitution.