TFP Bureau, New Delhi; Dec 11, 2023: In a historic decision, the Supreme Court has upheld the removal of Article 370 from Kashmir, asserting the constitutionality of the Central Government’s move. Chief Justice DY Chandrachud emphasized the imperative to promptly restore statehood to Jammu and Kashmir.
The court mandated that assembly elections be conducted in Jammu and Kashmir before September 30, 2024, and endorsed the decision to designate Ladakh as a Union Territory.
The Chief Justice, while delivering the verdict, asserted that Jammu and Kashmir is an integral part of India and urged the Central Government to expedite the electoral process. The court emphasized that the delay in conducting elections cannot be prolonged.
In a significant move, the five-member Constitution Bench recommended the prompt reinstatement of statehood to Jammu and Kashmir, advising against any unnecessary delays. Chief Justice Chandrachud, during the proceedings, stressed the urgency of conducting assembly elections in the region by September 30, 2024.
Addressing the constitutional validity of the President’s order to abrogate Article 370, Chief Justice Chandrachud asserted that the power of the President to issue such notifications persists even after the dissolution of the Constituent Assembly of Jammu and Kashmir. The removal of Article 370, according to the Chief Justice, is a constitutional measure aimed at integrating Jammu and Kashmir into the Indian Union.
While delivering the verdict, Chief Justice Chandrachud highlighted that Article 370 was a temporary provision and stated unequivocally that Jammu and Kashmir is an integral part of India, dispelling any notion of internal sovereignty.
Article 370 was abrogated from Kashmir on August 5, 2019, as the Modi government commenced its second term. The move not only revoked the special status of Jammu and Kashmir but also bifurcated it into two union territories—Jammu and Kashmir and Ladakh.
A total of 23 applications challenging the government’s decision were filed in the Supreme Court. After months of hearings, the apex court reserved its decision in September. The verdict, delivered today, marks 4 years, 4 months, and 6 days since the abolition of Article 370. The Constitution Bench, comprising Justices DY Chandrachud, Sanjay Kishan Kaul, Sanjeev Khanna, BR Gavai, and Surya Kant, concluded the extensive proceedings.
