In a landmark decision, a five-judge Constitution bench of the Supreme Court has unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution, thereby ending the special status of Jammu and Kashmir. The bench, comprising Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, underscored that Article 370 was a “temporary provision” enacted due to wartime conditions.
The apex court emphasized that the historical context of Article 370 and its placement in Part XXI of the Constitution indicate its temporary nature. The bench clarified that Article 370 served a transitional purpose, providing an interim arrangement until the Constituent Assembly of Jammu and Kashmir was formed. It was meant to address legislative competence and ratify the Constitution under special circumstances due to wartime conditions.
The verdict highlighted that the text, placement, and marginal note of Article 370 all pointed to its temporary character. The court ruled that the State of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India. The proclamation by Maharaja Hari Singh, the erstwhile ruler, was superseded by his successor Karan Singh, who affirmed that the Indian Constitution would prevail.
The court rejected the argument that Article 370 had assumed permanence after the dissolution of the Constituent Assembly of Jammu and Kashmir. It held that the provision was indeed temporary and reiterated the surrender of sovereignty by Jammu and Kashmir to India.
The apex court upheld the validity of the Presidential Order (CO 272) issued on August 5, 2019, abrogating Article 370. It emphasized that the President’s exercise of power under Article 370(3) was not mala fide and did not require the concurrence of the State government.
Addressing concerns about the reorganization of Jammu and Kashmir into two Union Territories, the court stated that it did not need to determine its permissibility under Article 3. However, it upheld the validity of carving out the Union Territory of Ladakh.
The verdict directed the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024. It also called for the restoration of Statehood at the earliest, except for the Union Territory of Ladakh.
This decision comes after a series of petitions challenging the abrogation of Article 370 and the bifurcation of the state into two Union Territories were filed before the Supreme Court. The ruling marks a significant legal validation of the constitutional changes initiated by the government in 2019.
