Supreme Court Upholds President’s Power to Abrogate Article 370

The Supreme Court, in a significant ruling, has held that the President possesses the power to issue a notification declaring the cessation of Article 370 even after the dissolution of the Constituent Assembly of Jammu and Kashmir. Chief Justice of India D.Y. Chandrachud emphasized that such a declaration leads to the application of constitutional provisions, which apply to other states, and the region.

He argued against interpreting Article 370(3) in a way that freezes the process of integration and renders the provision redundant. CJI Chandrachud noted that the decision to exercise power under Article 370(3) lies with the President and is a policy matter within the executive’s domain.

The Court cannot question the President’s determination of whether the special circumstances justifying Article 370 have ceased to exist.