LI Network
Published on: December 11, 2023 at 15:02 IST
The Supreme Court of India, led by Chief Justice DY Chandrachud and a constitutional bench, has upheld the legality of the Union Government’s 2019 move to revoke the special status of Jammu and Kashmir (J&K) under Article 370.
The court, in its ruling declared that Article 370 was a temporary provision, emphasizing that the State of J&K lacked internal sovereignty, and the state government’s concurrence was not mandatory for applying the Indian Constitution.
The verdict also addressed the reorganization of J&K into Union Territories, upholding the separation of Ladakh as a Union Territory while leaving the question of the validity of converting J&K into a Union Territory open.
The court directed the Election Commission of India to facilitate elections to the J&K Legislative Assembly by September 30, 2024.
Chief Justice DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, delivered the judgment after a thorough examination that spanned sixteen days, concluding on September 5, 2023.
The court, in its conclusions, clarified several key issues raised during the proceedings:
- Temporary Nature of Article 370: The court affirmed that Article 370 was temporary and that the power of the President to declare it inoperative persisted even after the dissolution of the J&K Constituent Assembly.
- Sovereignty of Jammu and Kashmir: The court determined that J&K did not retain internal sovereignty upon joining the Union of India. It highlighted the absence of references to sovereignty in the J&K Constitution, emphasizing that Article 370 reflected asymmetric federalism rather than sovereignty.
- Concurrence Not Required for Constitution Application: The court held that the President, in applying all provisions of the Indian Constitution to J&K under Article 370(1)(d), did not need the concurrence of the state government. It emphasized that the special circumstances under Article 370 were a gradual process of constitutional integration.
- Validity of J&K Reorganisation Act 2019: The court left the question of the validity of the reorganization of J&K into Union Territories open, with an indication that statehood for J&K would be restored.
- Call for a Truth and Reconciliation Committee: Justice Sanjay Kishan Kaul recommended the establishment of an impartial “Truth and Reconciliation Committee” to investigate human rights violations since the 1980s and facilitate reconciliation. However, he left the decision on its formation to the government, considering the sensitivity of the matter.
The court’s comprehensive ruling settles longstanding constitutional questions surrounding Article 370 and its implications for the integration of Jammu and Kashmir into the Indian Union.
