The Supreme Court of India on Monday upheld the abrogation of Article 370, which confers a special status to Jammu and Kashmir.
The five-member constitutional bench of the top court, led by Chief Justice of India DY Chandrachud and including Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, while pronouncing the verdict unanimously upheld the decision of the government to take away Article 370 on the ground that the same was a transitory provision.
The verdict came in a batch of petitions challenging the Central government's 2019 move to revoke Article 370 which had conferred special status on the erstwhile State of Jammu and Kashmir.
CJI DY Chandrachud said, “If Article 370 is a temporary provision: we hold that article 370 is a temporary provision. it was introduced to serve a transitional purpose to serve an interim process. It was for a temporary purpose because of war conditions in the state. Textual reading also shows it is a temporary provision and thus it was placed in part 21 of the constitution.”
The Court also issued a direction to the Election Commission of India (ECI) to take steps to hold elections to the J&K Legislative Assembly by September 30, 2024.
Here are some key conclusions of the SC verdict:
1. Jammu and Kashmir did not retain any element of sovereignty after instrument of accession was signed
2. No internal sovereignty for Jammu and Kashmir
3. Challenge to the proclamation of presidential rule is not valid
4. Exercise of power of the president must have a reasonable nexus with the object of presidential rule
5. Power of parliament to legislate for state cannot exclude law-making power
6. Article 370 was a temporary provision
7. When constituent assembly was dissolved only the transitory power of the assembly ceased to exist and no restriction on presidential order
8. para 2 of CO 272 by which article 370 was amended by amending article 367 was ultra vires as the interpretation clause cannot be used for amendment
9. President use of power was not mala fide and no concurrence needed with state
10. Para 2 of CO 272 in exercise of power under 370(1)(d) applying all provisions of Indian constitution to Jammu and Kashmir was valid
11. The continuous exercise of power by the president shows the gradual process of integration was ongoing. Thus CO 273 is valid
12. Constitution of Jammu and Kashmir is operative and is declared to have become redundant
13. Presidential use of power not mala fide
14. SG made a statement that statehood will be restored to Jammu and Kashmir. We uphold the decision to carve out ut of Ladakh. We direct ECI to hold polls under section 14 of the reorganisation act and statehood at the earliest
