India

Article 370: Why Jammu and Kashmir Lost Special Status – Supreme Court Decides !!

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?

What is CO 272 And what is CO 273?

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.

Was the modification Of Article 370 Through Article 367 valid or invalid?

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.

Constitutional changes in Jammu and Kashmir: what is the Legal status of Jammu and Kashmir?

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.

New Staff

Recent Posts

Students Cause Ruckus Outside Allu Arjun’s House, Vandalism Leads to Arrests

A group of people claiming to be members of the Osmania University Joint Action Committee…

16 hours ago

IND vs WI: Mandhana and Renuka Shine as India Crushes West Indies in First ODI

IND vs WI: The Harmanpreet Kaur-led Indian Women's Cricket Team has made a great start…

16 hours ago

Stone Pelting at Allu Arjun’s House: Viral Photo Links Attacker to Revanth Reddy

Actor Allu Arjun's troubles are not reduced in the stampede case during the Pushpa-2 screening.…

16 hours ago

India Likely to Face Pakistan on February 23 in Champions Trophy 2025 at Dubai or Colombo

Questions are constantly arising in the mind of every cricket lover about when India and…

3 days ago

BCCI to Announce New Secretary on January 12, Big Name Expected

The Board of Control for Cricket in India is going through a change phase these…

3 days ago

Explosion from chemical tanker: 40 vehicles burnt to ashes in Jaipur highway!

A terrible accident has occurred in Jaipur, the capital of Rajasthan. There has been a…

3 days ago