Central Idea

• On December 11, the Supreme Court upheld the abrogation of Article 370, affirming that Jammu and Kashmir (J&K) did not retain sovereignty after joining the Union of India.
• CJI D Y Chandrachud, writing for himself and Justices B R Gavai and Surya Kant, cited a 1949 proclamation by Yuvraj Karan Singh (successor of J&K titular Maharaja) as a key factor in this decision.

Karan Singh’s 1949 Proclamation

• Repeal of the Government of India Act, 1935: The proclamation declared the repeal of the Government of India Act, 1935, which previously governed J&K’s constitutional relationship with India.
• Adoption of the Indian Constitution: It stated that the Indian Constitution would govern J&K’s relationship with the Union of India and abrogate inconsistent constitutional provisions in the state.

Reason behind the Proclamation

• Karan Singh’s Perspective: Speaking to The Indian Express, Karan Singh, aged 92, explained that the proclamation was necessary to eliminate ambiguity regarding J&K’s integration with India.
• Instrument of Accession’s Ambiguity: He noted that while his father, Hari Singh, signed the Instrument of Accession like other rulers, J&K retained a measure of autonomy, leading to questions about its complete integration.

Supreme Court’s Findings

• Essence of the Judgment: The Court stated that J&K did not retain any form of sovereignty upon joining India.
• Significance of the 1949 Proclamation: The Court highlighted that Karan Singh’s proclamation superseded all constitutional provisions inconsistent with the Indian Constitution, effectively surrendering J&K’s sovereignty.

Alignment with the Centre’s Argument

• Centre’s Stance: The Union government argued that the 1949 proclamation acknowledged the supremacy of the Indian Constitution and surrendered sovereignty to it, where the sovereign is ‘We the people of India’.
• Court’s Agreement: The Supreme Court’s ruling aligns with this argument, affirming the complete integration of J&K into India.

Conclusion

• The Supreme Court’s decision clarifies the constitutional status of J&K post the abrogation of Article 370, confirming its full integration into the Indian Union without any retained sovereignty.
• The ruling underscores the historical context of J&K’s accession and the role of the 1949 proclamation in shaping its constitutional relationship with India.

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