India’s Supreme Court Upholds Revocation of Article 370 in Jammu and Kashmir

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INDIA, Dec 12: In a landmark decision, the Supreme Court of India has upheld the Indian government’s move to revoke Article 370 in Jammu and Kashmir. Today, a 5-judge Constitutional bench delivered its verdict on petitions challenging the government’s decision to reorganize the state into the two Union Territories of J&K and Ladakh.

In delivering the verdict, Chief Justice of India (CJI) D Y Chandrachud emphasized that “Jammu and Kashmir holds no internal sovereignty after accession to India.” The Supreme Court affirmed the validity of the exercise of power under Article 370(3) by the President in the August 2019 order, stating, “Thus, we hold the exercise of Presidential power to be valid.”

The Court clarified that the State government’s concurrence was not necessary for applying all provisions of the Constitution using Article 370(1)(d). CJI Chandrachud added, “So, the President of India taking the concurrence of the Union government was not malafide.”

The Supreme Court directed the Election Commission of India to conduct assembly elections in the province by September 30, 2024 and instructed the Government of India to restore the statehood of Jammu and Kashmir at the earliest.

The deliberation in India’s Supreme Court centered on the authority of the Parliament to amend Article 370, revoking Jammu and Kashmir’s special status. The key question was whether such amendments could be made unilaterally by the Modi-led government or required the recommendations of the Constituent Assembly of Jammu and Kashmir state.

The verdict, coming more than four years after the BJP government annulled Article 370 through a special presidential order, involved a detailed examination of the constitutional aspects of Article 370. The Court grappled with the complex issue of whether the government’s actions aligned with the Constitution.

The background of the case dates back to August 5, 2019, when Union Home Minister Amit Shah announced the scrapping of Jammu and Kashmir’s special status by modifying Article 370 in the Rajya Sabha. Simultaneously, the Rajya Sabha passed the Jammu and Kashmir Reorganisation Bill, proposing dividing the state into two union territories.

The removal of Article 35A, along with Article 370, marked the end of exclusive rights for Jammu and Kashmir residents regarding jobs, land ownership, and settlement. The Supreme Court, after a 16-day hearing, reserved its decision on September 5 of the current year. Chief Justice D Y Chandrachud led the bench, comprising the court’s four other most senior judges.

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