Chief Justice of India DY Chandrachud announced the validity of the Presidential Orders of the special status of Jammu and Kashmir. According to the Court, the intention of Article 370 was only temporary and the President was empowered to abrogate it. But why Supreme Court Hold the repeal Of J&K Special Status even after Invalidating Changes To Article 367?
On August 6, 2019, President Ram Nath Kovind issued CO 273 under Article 370(3). What is Article 370(3)? Article 370(3) is nothing but a law that powers the President to declare that when Article 370 shall cease to operate.
But before the abrogation of Article 370, the CO 272 order was passed. It is also known as the constitution order or application of Jammu and Kashmir. This constitution declares that all the provisions of the Constitution of India would apply to Jammu & Kashmir. Article 370 could only be changed by the recommendation of the Jammu & Kashmir Constituent Assembly. So as this, the CO 272 order introduced a clause to Article 367.
According to the Court, the change of Article 367 seemed to be just a ‘modification’ to Article 367, but its effect was to change Article 370 instead. But the court said that changing the expression ‘Constituent Assembly’ in Article 370(3) to ‘Legislative Assembly’ affected Article 370(3). As CJI DY Chandrachud said, these changes were very significant because they modified the essential character of the proviso by changing a particular body with another type of body completely.
Supreme Court discontinued the validity of the 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution. The bench with CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said that the Constitution Order 2019 was ultra vires far as it modified Article 370(3) through an amendment made to Article 367.
the court clarified that all the provisions of the Constitution of India would apply to Jammu & Kashmir, under CO 272.
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