Highlights

  • SC: Article 370 a temporary provision
  • Article 370 not permanent: CJI
  • Interim arrangement due to war condidtion: CJI

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Article 370 a temporary provision, not permanent: Supreme Court

The Supreme Court has said that Article 370 was a temporary provision and not a permanent one.

Article 370 a temporary provision, not permanent: Supreme Court

The Supreme Court has said that Article 370 was a temporary provision and not a permanent one.

Chief Justice of Indian DY Chandrachud said, "Article 370 was introduced to serve two purposes. First, the transitional purpose to provide for an interim arrangement until the Constituent Assembly of the state was formed."

It was an interim arrangement in the view of the special circumstances because of the war conditions in the state, the CJI added.

The court also said that when Jammu and Kashmir acceded to India, it did not retain its sovereignty. Justice Chandrachud said that a proclamation issued by Yuvraj Karan Singh in 1949 said the Constitution of India would supersede all other constitutionals provisions in the state.

The proclamation reflects the full and final surrender of sovereignty by Jammu and Kashmir to its sovereign ruler India, said the CJI.

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