Introduction: Article 370 Verdict
- Supreme Court declares the Centre’s decision to abrogate Article 370 in Jammu and Kashmir as constitutionally valid.
- Chief Justice DY Chandrachud states that Article 370 was initially a temporary provision due to war-like conditions in the state.
Key Points from the Verdict:
- The five-judge Constitution bench led by Chief Justice DY Chandrachud reserved its verdict after a 16-day hearing on September 5.
- The court emphasized that every decision taken by the Union during Presidential Rule is not open to challenge to prevent the administration of the state from coming to a standstill.
- Rejects the argument that the Union cannot take actions of irreversible consequences in the State during Presidential Rule.
- Validates the President’s order to scrap Jammu and Kashmir’s special status as constitutionally valid.
- States that Article 370 was not intended to be a permanent provision, and when the Constituent Assembly of Jammu and Kashmir ceased to exist, the special condition for which Article 370 was introduced ceased to exist.
- Rejects the notion that the power under Article 370(3) ceases to exist after the dissolution of the Jammu and Kashmir Constituent Assembly, as it would lead to the freezing of the process of integration.
- Clarifies that the recommendation of the Constituent Assembly of Jammu and Kashmir was not binding on the President of India.
- Directs the Election Commission of India to conduct elections in Jammu and Kashmir by September 30, 2024.
- Stresses the prompt restoration of Jammu and Kashmir’s statehood, directing the Election Commission to conduct legislative assembly elections at the earliest.
Quotes from the Judgment:
- Chief Justice Chandrachud: “We direct that steps shall be taken so that elections are held in Legislative Assembly of J&K by September 30, 2024.”
- Justice Kaul: “The requirement of Jammu and Kashmir Constituent Assembly’s recommendation in Article 370 can’t be read in a manner making larger intention redundant.”
- Justice SK Kaul: “The purpose of Article 370 was to slowly bring Jammu and Kashmir at par with other Indian states.”
Reactions from Political Leaders:
- Prime Minister Narendra Modi: Describes the Supreme Court’s decision as the birth of a new Jammu and Kashmir, reinforcing unity and integrity with Bharat.
- Union Home Minister Amit Shah: Hails the decision, stating that the bonds of unity have strengthened.
PM Modi’s Assurance
- PM Modi assures the people of Jammu, Kashmir, and Ladakh that the government is committed to fulfilling their dreams and extending the benefits of progress to vulnerable and marginalized sections affected by Article 370.
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
- Views the verdict as a beacon of hope, a promise of a brighter future, and a testament to collective resolve to build a stronger, more united India.
I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish #Article370.
— Amit Shah (@AmitShah) December 11, 2023
- The Supreme Court’s historic decision upholds the constitutionality of the abrogation of Article 370, emphasizing the need for prompt elections in Jammu and Kashmir and the restoration of statehood. Political leaders, including PM Modi and Amit Shah, welcome the verdict, seeing it as a reinforcement of unity and a promise for a brighter future for the region.