Supreme court upholds abrogation of article 370

There was no internal sovereignty in the former State of Jammu and Kashmir, and Article 370 was a provision meant to be temporary.

On December 11, a five-person Supreme Court Constitution bench led by Chief Justice D.Y. Chandrachud unanimously affirmed the repeal of Articles 370 and 35A.

Additionally, the Supreme Court declared that the State government's approval was not necessary in order to apply the Indian Constitution to the State of Jammu and Kashmir.

It is important to note that the former State of Jammu and Kashmir was governed by the President at the time that the Special Status was abolished in August 2019 by Presidential Order.

Whether or not decisions might be taken irreversibly without an elected Legislative Assembly has since been a topic of discussion.

According to Chief Justice of India (CJI) Chandrachud, "no decision made by the Center on behalf of the state during Presidential rule can be challenged."

In addition to the Chief Justice, the Constitution bench, which included Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, also gave the Center instructions

Three distinct but concurring rulings were rendered: the Chief Justice's ruling for himself, Justices Gavai and Surya Kant, Justice Kaul's ruling, and Justice Khanna's ruling.

He added that the petitioners did not contest the proclamations' issuance in accordance with Article 356 and Section 92 of the Jammu and Kashmir Constitution.

Since the main objection is to the actions that were done after the proclamation was issued, the challenge to the proclamations does not deserve to be decided, he stated.