Jammu and Kashmir Transformation Supreme Court Upholds Article 370 Abrogation In a landmark decision on Monday, the Supreme Court upheld the government’s move to abrogate Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. The apex court also emphasized the need to conduct assembly elections in the region by September 30 next year and directed the swift restoration of statehood to the union territory of Jammu and Kashmir.
Chief Justice of India D Y Chandrachud, along with Justices Gavai and Surya Kant, authored the judgment, asserting that Article 370 was a temporary provision, and the president possessed the authority to revoke it. The ruling reaffirmed the validity of the decision to create the union territory of Ladakh on August 5, 2019, concurrently with the abrogation of Article 370.
On that transformative day, the government bifurcated the state into two union territories – Jammu and Kashmir, and Ladakh. The Chief Justice underscored that the princely state had seamlessly integrated into India, as evident from Articles 1 and 370 of the Constitution.
The bench, comprising CJI D Y Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, and Sanjiv Khanna, convened at 10.56 am to deliver three separate but concurring judgments. Justices Kaul and Khanna presented their judgments independently.
In his concurring judgment, Justice Khanna highlighted that the objective of Article 370 was to gradually bring Jammu and Kashmir on par with other Indian states. He further recommended the establishment of a truth-and-reconciliation commission to investigate human rights violations by both state and non-state actors.
The Supreme Court’s verdict, following a 16-day hearing on petitions challenging the abrogation of Article 370, brings forth significant implications for the political and constitutional landscape of Jammu and Kashmir. The decision underscores the government’s authority to make transformative changes and paves the way for the restoration of normalcy in the region.