2. Every Decision Of Union When State Is Under President's Rule Cannot Be Challenged
The court held that there are limitations on power of the Union and States when proclamation of presidential rule was in force. It stated that the scope of the power of Union depends on the circumstances. The court added that the exercise of power under Article 356 must have a reasonable nexus with the object of the proclamation. Further, the court stated that there were innumerable decisions taken by Union on behalf of States. Thus, it added, "Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill..." The court rejected the argument of petitioners that Union cannot take actions of irreversible consequences in the State during Presidential rule.
Further, the argument of the petitioners that the Parliament can only make the law-making powers of the State when the Presidential rule was in force was also not accepted. However, the court held that the exercise of Presidents' power after the proclamation are subject to judicial review. It was held that the power of Parliament under Article 356(1) to exercise powers on behalf of State assembly was not restricted to law making powers.
3. Jammu and Kashmir Did Not Retain An Element Of Sovereignty When It Joined the Union of India
The court stated that the Proclamation of Maharaja stated that the Constitution of India will supersede. With this, the court added that the paragraph of Instrument of Accession ceased to exist. The court stated that the constitutional set up did not indicate that Jammu and Kashmir retained sovereignty.
The CJI stated-
"All States in the country have legislative and executive power, albeit to differing degrees. Article 371A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism."
It added that Article 370 was a feature of asymmetric federalism and not sovereignty.
4. Article 370 Is A Temporary Provision
The CJI, in his judgement stated that Article 370 was held to be a temporary provision on a historical reading, as per which it was a transitory and temporary provision. The court added that the power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly. As per the judgement, the recommendation of the Constituent Assembly was not binding on the President. It stated that the J&K Constituent Assembly was intended to be a temporary body. When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article continued. The court found that holding that the power under Article 370(3) ceases to exist after the dissolution of the J&K Constituent Assembly would lead to the freezing of the process of integration. The court held that the power under Article 370(3) did not cease after the J&K Constituent assembly ceased to exist.
5. Concurrence of State Government Not Required To Apply All Provisions Of Constitution of India To J&K By Article 370(1)(d)
The CJI stated- "This court cannot sit in appeal over the decision of the President of India on wh ether the special circumstances under Article 370 exist...History shows gradual process of constitutional integration was not going on...It was not as if after 70 years Constitution of India was applied in one go. It was a culmination of the integration process."
"पुरा है विश्वास! , हम होंगे कामयाब!!"
#Chandrayaan3 इतिहास रचण्याच्या जवळ आले आहे. या यशाबद्दल @isro शास्त्रज्ञ, संपूर्ण टीम आणि सर्व देशवासियांचे अभिनंदन आणि शुभेच्छा देण्यासाठी मुंबई पोलीस बँडच्या खाकी स्टुडिओचे सूरमयी सादरीकरण.
#HumHongekamyab
Chandrayaan-3 Mission:
'India🇮🇳,
I reached my destination
and you too!'
: Chandrayaan-3
Chandrayaan-3 has successfully
soft-landed on the moon 🌖!.
Congratulations, India🇮🇳!
#Chandrayaan_3#Ch3
महाराष्ट्र के माननीय राज्यपाल श्री रमेश बैस जी को जन्मदिन पर मंगलमय बधाई के साथ हार्दिक शुभकामनाएँ।
आप स्वस्थ रहें प्रसन्न रहें सदा। मैं आपके सुखद, सुदीर्घ एवं खुशहाल जीवन की कामना करती हूं।
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