New Delhi: The Supreme Court’s Constitution bench upheld the abrogation of Article 370 of the Constitution on Monday, dismissing a series of petitions challenging the move and the subsequent division of Jammu and Kashmir into two Union territories.
Petitions challenging the abrogation were filed by private individuals, lawyers, activists, politicians, and political parties. The Jammu and Kashmir Reorganisation Act, 2019, which bifurcated the state into Jammu and Kashmir and Ladakh, was also contested.
The central government assured that the status of Jammu and Kashmir as a Union Territory is temporary, and statehood will be restored, while Ladakh will remain a Union Territory.
Headed by Chief Justice of India DY Chandrachud, the five-judge bench ruled that the court did not need to adjudicate on the validity of proclamations, as the primary challenge focused on the abrogation.
The court also refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018. The Election Commission has been directed to conduct elections in Jammu and Kashmir by September 30, 2024.
The court reaffirmed that Article 370 was a temporary provision. Chandrachud stated, “Article 370 was an interim arrangement due to war conditions in the State.
The Supreme Court clarified that Article 370 was intended for the constitutional integration of Jammu and Kashmir with the Union.
The judgment follows the apex court’s September 5 decision to reserve its ruling after a 16-day hearing. The central government, represented by Attorney General R Venkataraman, defended the revocation of Article 370, arguing that there was no “constitutional fraud” and that it has brought peace and prosperity to the region since 2019.
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