SC upholds repeal of J&K’s special status

The Supreme Court on Monday unanimously upheld the Centre’s decision to abrogate provisions of Article 370 bestowing special status to the erstwhile state of Jammu and Kashmir, and directed restoration of statehood “at the earliest” as well as elections to the assembly by September 30 next year.

Ending a decades long debate, a five-judge Constitution bench, headed by Chief Justice DY Chandrachud, delivered three concurring judgements upholding abrogation of the Constitutional schemes that provided special status to Jammu and Kashmir when it was annexed to the Union of India in 1947. Writing the judgement for himself and Justices BR Gavai and Surya Kant, the CJI said Article 370 was a temporary provision and the president was empowered to revoke it in the absence of the Constituent Assembly of the erstwhile state.

The Supreme Court verdict is a “resounding declaration of hope, progress, unity for our sisters and brothers in J&K, Ladakh”, Prime Minister Narendra Modi said.

Justices Sanjay Kishan Kaul and Sanjiv Khanna penned separate and concurring verdicts on the issue. 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. Justice Chandrachud referred to Solicitor General Tushar Mehta’s statement that Jammu and Kashmir’s statehood will be restored, except for the carving out of the Union Territory of Ladakh.

“In view of the statement we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3. “However, we uphold the validity of the decision to carve out the Union Territory of Ladakh in view of Article 3(a) read with Explanation I which permits forming a Union Territory by separation of a territory from any State,” he said. In his verdict, the CJI stated that the Constitution of India was a complete code for constitutional governance.

“The President had the power to issue a notification declaring that Article 370(3) ceases to operate without the recommendation of the Constituent Assembly. The continuous exercise of power under Article 370(1) by the President indicates that the gradual process of constitutional integration was ongoing,” the CJI said while pronouncing the verdict. “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by September 30, 2024. Restoration of statehood shall take place at the earliest and as soon as possible,” the CJI said.

He said the erstwhile state of J&K does not retain any “element of sovereignty” after the execution of the Instrument of Accession and the issuance of the proclamation dated November 25, 1949 by which the Constitution of India was adopted. “Article 370 was a feature of asymmetric federalism and not sovereignty,” Justice Chandrachud said.