New Delhi, 11 December: A Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud on Monday unanimously upheld the Central government?s 2019 decision to abrogate Article 370 of the Constitution, which conferred special status on the erstwhile State of Jammu and Kashmir (J&K).
The Bench pointed out that Article 370 was a temporary provision enacted during wartime conditions and was meant to serve a transitional purpose.
The verdict, pronounced by three separate judgments, held that J&K did not retain any internal sovereignty after its integration and that the concurrence of the State Government was not required to apply the Indian Constitution to the State.
The court also upheld the carving out of Ladakh as a union Territory but did not adjudicate upon the validity of the reorganisation of J&K into a union Territory, considering the government’s plan to restore its statehood. The court also directed the Election Commission to conduct elections for J&K Legislative Assembly by September 30, 2024.
Justice S.K. Kaul, in his concurring judgment, recommended the constitution of an impartial Truth and Reconciliation Commission to investigate and report on human rights violations by both state and non-state actors since the 1980s.
The Commission has been tasked to suggest measures for reconciliation in a time-bound manner. This landmark decision by the Constitution Bench reaffirms the supremacy of the Indian Constitution and paves the way for full integration of Jammu and Kashmir with the rest of India.
Prime Minister Narendra Modi hailed the Supreme Court’s verdict on the abrogation of Article 370 as “historic”.
In a post on social media, he stated that the decision upholds the one taken by the Parliament of India on August 5, 2019, and sends a strong message of hope, progress, and unity for the people of Jammu and Kashmir and Ladakh.
The unanimous ruling by the Supreme Court is seen as a major victory for PM Modi and the Bharatiya Janata Party ahead of the 2024 Lok Sabha elections.
The decision to revoke Article 370, which granted special status to Jammu and Kashmir, was one of the key election promises made by PM Modi. He reassured the people of these regions that their dreams and aspirations will be fulfilled and that the government is committed to extending progress and development to all sections of society.
PM Modi also emphasised that the verdict is not just a legal judgment but a symbol of hope and a testament to the collective determination to build a stronger and more united India.
