Supreme Court has upheld the government’s decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
The apex court also directed that statehood to the Union territory of Jammu and Kashmir be restored at the earliest.
On SC verdict on abrogation of Art 370, Congress leader in Lok Sabha Adhir Ranjan Chowdhury told ANI ,” The Centre should conduct elections in J&K as soon as possible and also restore full statehood.”
Writing the judgment for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the President of India has the power to revoke it.
The apex court also upheld the validity of the decision to carve out the Union territory of Ladakh from Jammu and Kashmir on August 5, 2019. On that day, the government abrogated Article 370 and bifurcated the state into two Union territories — Jammu and Kashmir, and Ladakh.
The erstwhile state does not have internal sovereignty different from other states of the country, the CJI said.
“… all provisions of the Indian Constitution can be applied to J-K,” the CJI said.
“We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” the CJI said.
#WATCH | On Supreme Court constitutionally validating the removal of Article 370 in Jammu and Kashmir, senior Congress leader and Maharaja Hari Singh’s son Karan Singh says, “I welcome it. Now it has become clear that whatever happened is constitutionally valid…I request PM… pic.twitter.com/R9GoiMrGe1
— ANI (@ANI) December 11, 2023
Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, he said while pronouncing the judgment.
”The Constituent Assembly of J&K was never intended to be permanent body,” the CJI stated.
Article 370, Justice Chandrachud said, was an interim arrangement due to war conditions in the erstwhile state.
The princely state had become an integral part of India and this is evident from Articles 1 and 370, the CJI said.
#WATCH | Democratic Progressive Azad Party (DPAP) President Ghulam Nabi Azad says, “We are disappointed by the Supreme Court verdict…”
Supreme Court upholds abrogation of Article 370 in Jammu & Kashmir constitutionally valid pic.twitter.com/BymzEbnLLP
— ANI (@ANI) December 11, 2023
The bench — comprising CJI D Y Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, Sanjiv Khanna — assembled at 10.56 am to pronounce the three separate and concurring judgments.
Justices Kaul and Khanna wrote their judgments separately.
