Top SC observations from Article 370 hearings

By Editorji News Desk
Published on | Dec 11, 2023

SC to deliver verdict

The Supreme Court will deliver a verdict on pleas challenging the abrogation of Article 370 on December 11 following 16 days of hearing.

5-judge bench to deliver verdict

A five-judge bench comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant will deliver the verdict.

Key highlights of the Supreme Court's observation on the abrogation of Article 370 during 16 days of hearing

Day 1

The Bench stressed that Article 370 was not meant to be a permanent provision that nobody other than the Constituent Assembly could repeal.

Day 2

The SC queried, 'if the argument that Article 370 became permanent in 1957 is accepted, will it become like basic structure of the constitution?'

Day 3

The SC said there is democracy in India & opinion on public issues is sought through established institutions & not referendums like Brexit.

Day 4

The SC observed, "the powers and provisions of the Constitution of India cannot be circumscribed by the erstwhile Constitution of Jammu & Kashmir."

Day 5

The SC said, "In no way was the integration of Jammu and Kashmir (J&K) with India in 1948 conditional"

Day 6

The SC remarked that there is a difference between existence of power and abuse of power and it should not be confused.

Day 7

The SC said that challenge to Article 370 abrogation can be based only on alleged constitutional violations, not on government's intention.

Day 8

The SC refused the application of the Constitution of India to J&K would remain frozen after the dissolution of the J&K Constituent Assembly in 1957.

Day 9

The SC asked whether the reading down of Article 370 was a logical step to achieve Jammu and Kashmir's integration.

Day 10

The SC said, "The Maharaja did not conditionally surrender sovereignty... Sovereignty was fully yielded to India by J&K, leaving no room for doubt."

Day 11

The SC orally observed that the scrapped Article 35A took away 3 fundamental rights of non-residents of Jammu and Kashmir.

Day 12

The top court said that various parts of the country have been plagued by militancy & separatism and in that way, J&K cannot be singled out.

Day 13

The top court said that only consultation is required if the President wanted to make any exceptions or modifications.

Day 14

CJI DY Chandrachud said that the court would hear proceedings only based on constitutional arguments & not based on govt’s argument.

Day 15

The SC said that the external sovereignty of India lies with Central government but internal sovereignty of J&K is shared b/w Union and State govts.

Day 16

After 16 days of marathon hearing sessions, the Supreme Court reserved its verdict.