The Supreme Court (SC), while dealing with the issue of whether, under the Constitution of India, the President was competent to repeal Art.370 of the Constitution without any consultation or concurrence of the Constituent Assembly of Jammu & Kashmir, has held that Art.370 was only intended as a transitory provision & was temporary in character & thus, the President was empowered to abrogate it. The SC, while ruling that the President’s action was justified in the present case, noted that Art.370(1)(d) & Art.370(3) were introduced with the purpose of enhancing constitutional integration, thus holding that the power under Art.370(3) cannot be exercised after the dissolution of the Constituent Assembly would lead to the freezing of the process of integration.
