A five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said Jammu and Kashmir is an integral part of India’s sovereignty and that it does not have any right that is not available to the other states of India.
The court said Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision. Jammu and Kashmir did not retain an element of sovereignty when it joined Union of India, the court said.
The exercise of power under Article 356 must have a reasonable nexus with the objective of the proclamation. Every decision taken by the Union on behalf of the State during Presidential rule is not open to challenge…this will lead to the administration of the state to a standstill, Chief Justice of India D Y Chandrachud said.
The court refused to rule on the validity of the Presidential rule imposed in J&K in December 2018 since it was not specifically challenged by the petitioner.
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