Topic: GS2 – Indian polity
Supreme Court Decision on Article 370:
- A Constitution Bench of the Supreme Court unanimously upheld the President’s power to abrogate the special status of Jammu and Kashmir under Article 370.
- The decision led to the reorganization of the full-fledged State into two Union Territories and the removal of its privileges.
- The five-judge Bench was headed by Chief Justice of India D.Y. Chandrachud.
Confirmation of Presidential Power:
- The court confirmed that the President has the authority to unilaterally issue a notification leading to the cessation of Article 370.
Special Circumstances and Unilateral Presidential Action:
- The court clarified that the President can exercise this power if special circumstances warrant a unique solution.
- It emphasized that the court cannot question the President’s decision on the existence of special circumstances justifying the abrogation.
- Chief Justice D.Y. Chandrachud reasoned that the President’s decision in 2019 was the result of a gradual and collaborative exercise over 70 years between the Centre and the State.
- The objective of this exercise was to integrate Jammu and Kashmir with the Union.
- The court’s unanimous decision affirms the constitutional validity of the President’s action in abrogating Article 370, leading to the reorganization of Jammu and Kashmir into Union Territories.