J&K did not retain any element of sovereignty when it joined Union of India: CJI


New Delhi, Dec 11 (IANS): Chief Justice of India (CJI) D.Y. Chandrachud on Monday said the state of Jammu and Kashmir did not retain any element of sovereignty, including internal sovereignty when it joined the Union of India.

“We have held that the state of Jammu and Kashmir did not retain any element of sovereignty or internal sovereignty when it joined the Union of India,” said CJI Chandrachud, adding that Article 1 and 370 indicate that J&K is an integral part of India.

He said that J&K surrendered its sovereignty completely to the Union of India and the Constitution of Jammu and Kashmir was to further define the relationship between the Union of India and the state of Jammu and Kashmir.

“There is a clear absence in the Constitution of J&K of a reference to ‘sovereignty’ and in contrast, the Constitution of India emphasizes in its preamble that the people of India resolves to constitute themselves into a ‘sovereign, socialist, secular and democratic republic’,” CJI Chandrachud said.

He added, “The State of Jammu and Kashmir does not have internal sovereignty which is distinguishable from the powers and privileges enjoyed by other states in the country.”

CJI Chandrachud held that the Preamble and Sections 3, 5 and 147 of the Constitution of Jammu and Kashmir coupled with Article 1 of the Constitution of India read with the First Schedule as well as Article 370 indicate in “no uncertain terms” that the State is subordinate to the Indian Constitution first and only then to its own Constitution.

 

  

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Comment on this article

  • Jossey Saldanha, Raheja Waterfront

    Mon, Dec 11 2023

    J&K got only hate from people of India ...

    DisAgree [1] Agree Reply Report Abuse

  • Rao, Udupi

    Mon, Dec 11 2023

    SC has cleared all doubts and confusion. JK was integral part of India and will remain so. Separatists agenda is defeated. Hope things will move smoother in JK.

    DisAgree Agree [4] Reply Report Abuse

  • Pacific Heights, Mangalore

    Mon, Dec 11 2023

    The SC has just announced its verdict. Bad news for Congress leaders and its supporters. Its vote bank now will further dent. The party now cannot promise to restore A370 back.

    DisAgree Agree [5] Reply Report Abuse

  • Sachidanand Shetty, Dubai/Mundkur

    Mon, Dec 11 2023

    It's one more victory for NaMo Brand....... It's really heart breaking for CONGiss Netas and their beloved supporters

    DisAgree [1] Agree [5] Reply Report Abuse


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