In a historic judgement, the Supreme Court upheld the government’s decision to revoke Article 370, which granted special status to the former state of Jammu and Kashmir. However, the court emphasized the need to conduct assembly elections by September 30 next year and urged the swift restoration of statehood to the union territory. Chief Justice D Y Chandrachud stated that Article 370 was a temporary provision, and the president had the authority to annul it. The court also validated that the creation of Ladakh as a separate union territory on August 5, 2019, when Article 370 was revoked. The CJI clarified that the Constituent Assembly of J&K was never intended to be permanent, considering Article 370 as an interim arrangement due to war conditions. The court held the Constitutional order that revoked Article 370 as valid. A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, comprised of Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant.
CJI DY Chandrachud said that Jammu and Kashmir held no internal sovereignty after accession to India. He said there was no prima facie case that the President’s 2019 orders were mala fide (in bad faith) or extraneous exercise of power. While the court said the reorganisation of the erstwhile state into Union Territories in 2019 was a temporary move, it directed the Centre for the restoration of Jammu and Kashmir’s statehood and for Legislative Assembly elections to be held by next year.
Welcoming the Supreme Court’s judgement, Prime Minister Narendra Modi said, “Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh. The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else. I want to assure the resilient people of Jammu, Kashmir and Ladakh that our commitment to fulfilling your dreams remains unwavering. We are determined to ensure that the fruits of progress not only reach you but also extend their benefits to the most vulnerable and marginalised sections of our society who suffered due to Article 370. The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India.”
Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and…
— Narendra Modi (@narendramodi) December 11, 2023
Whereas Omar Abdullah, National Conference (NC) vice president was rather “Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul.”
Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul. #WeShallOvercome #Article370
— Omar Abdullah (@OmarAbdullah) December 11, 2023
Other senior leaders such as JP Nadda, president of BJP said, “Bharatiya Janata Party welcomes the decision given by the Honorable Supreme Court regarding Article 370. The Constitutional Bench of the Supreme Court regarding Article 370. The Constitutional Bench of the Supreme Court has upheld the decision given to remove Section 370 and 35A, its process and objective. The government of Honorable Prime Minister @narendramodiji has done the historic work of including Jammu and Kashmir in the main ideology of the country, for this I and crores of our workers express our heartfelt gratitude to the Prime Minister.”
Amit Shah, BJP leader and Union Home Minister said, “I welcome the Honourable Supreme Court of India’s verdict upholding the decision to abolish #Article370.On the 5th of August 2019, PM Modi took a visionary decision to abrogate Article 370. Since then peace and normalcy have returned to J&K. Growth and development have brought new meaning to human life in the valley once torn by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu, Kashmir and Ladakh. Today, the Supreme Court’s verdict has proved that the decision to abrogate Article 370 was completely constitutional.”
Mehbooba Mufti, People’s Democratic Party (PDP) chief said, “Today an unconstitutional and illegal act that took place in the Parliament was declared legal. It is nothing less than a death sentence not only for Jammu and Kashmir but for the idea of India. The SC has said that the Article 370 is temporary, which is why it was removed. This is not only our defeat but also the defeat of the idea of India. Don’t lose heart, don’t lose hope. Jammu and Kashmir has seen a lot of ups and downs. The SC verdict today is a halt, it is not our destination. Don’t make the mistake of considering it as the end. Our opponents want us to lose hope and accept defeat. But that should not be the case.”
Whatever may be the political reactions, people of Jammu and Kashmir have welcomed the decision of the honourable court with open arms. The abrogation promises them a peaceful life.
