The State of Jammu and Kashmir did not possess sovereignty.
C. The effect of Article 370(3)
67. Our discussion above has dealt with two aspects.
- First, the recognition of Jammu and Kashmir’s internal sovereignty through the mechanism of Article 370. Specifically, this was through Article 370(2), which contemplated the Constituent Assembly of the State.
- Second, the temporary nature of Article 370 as such, in light of historical context, the text of the provision, and the constitutional practice surrounding it.
68. Once these aspects are read with Article 370(3), the corollary is that there was a mechanism to bring the whole arrangement to an end. The effect of the power under Article 370(3), once exercised, would be that the Article ‘shall cease to be operative’.
- In other words, the mechanism was meant to de-recognize the State’s internal sovereignty.
- Thus, the exercise of the power under Article 370(3) meant that for the purposes of the Constitution of India, only the Constitution of India would apply to Jammu & Kashmir and not any other Constitution i.e. the Constitution of Jammu & Kashmir.
- Since the Constitution of India is a complete code, providing for all aspects of lawmaking and governance, there would be no need for the Constitution of Jammu and Kashmir to apply to the State, and it would be replaced by the Constitution of India.
(From the SC Verdict, December 11, 2023)