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

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.