Supreme Court upholds Centre's decision to abrogate Article 370
Satya Prakash
New Delhi, December 11
In a historic verdict, the Supreme Court on Monday upheld the Centre’s decision to abrogate Article 370 of the Constitution that gave a special status to the erstwhile state of Jammu and Kashmir and said “restoration of statehood shall take place at the earliest”.
In a unanimous verdict, a five-judge Constitution Bench led by CJI DY Chandrachud directed the Election Commission to hold elections in the Union Territory of Jammu and Kashmir without waiting for the restoration of statehood by September 30, 2024.
The petitioners had challenged abrogation of Article 370 on the grounds that it could not be done without the recommendation of the Jammu and Kashmir Constituent Assembly. They had questioned the validity of splitting of the erstwhile state into two UTs, contending that it was beyond the powers of Parliament under Article 3 of the Constitution.
Promise of brighter future: Modi
The verdict is not just a legal judgment. It is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger India. Narendra Modi, PM
Struggle to continue: NC
The struggle will continue… We are prepared for the long haul… Our hearts have been hurt and we regret it, but our efforts will continue. Omar Abdullah, NC vice-president
Restore statehood: Congress
Statehood must be restored immediately… We welcome the SC’s direction to hold Assembly polls. However, we believe polls should be held immediately. P Chidambaram, Congress
Writing a 352-page verdict for himself, Justice Surya Kant and Justice BR Gavai, the CJI said Article 370 of the Constitution was a temporary provision and the President had the power to abrogate the provision, which was an interim arrangement due to war conditions in the state. The Bench upheld the validity of both the Constitution orders (CO-272 and CO-273) that led to abrogation of Article 370 and application of the Constitution of India to Jammu and Kashmir, saying, “The President has the power to issue a notification declaring that Article 370(3) ceases to operate without the recommendation of the Constituent Assembly.”
Noting that the continuous exercise of power under Article 370(1) by the President indicated that the gradual process of constitutional integration was going on, the Bench said, “The declaration issued by the President under Article 370(3) is a culmination of the process of integration and as such is a valid exercise of power. Thus, CO 273 is valid and not mala fide.”
However, it declared ultra vires the use of Article 367 to effect changes in Article 370.
Justice SK Kaul – who wrote a separate verdict – agreed with the CJI while Justice Sanjiv Khanna penned down a three-page concurring opinion. While upholding creation of Ladakh as a separate UT in view of security reasons, the top court left open the legal question as to whether Parliament can completely convert a state into a UT — as opposed to carving out a UT from a state — in view of Solicitor General Tushar Mehta’s statement that the Centre would restore statehood in Jammu and Kashmir.
Abrogation to verdict
Dec 20, 2018 President’s rule imposed in Jammu and Kashmir; extended on July 3, 2019
Aug 5, 2019 Centre abrogates Article 370 provisions giving J&K special status
Aug 6 First plea challenging presidential order filed in SC
Aug 28 Bench refers matter to five-judge Constitution Bench
Sept 19 Constitution Bench set up to hear petitions
March 2, 2020 Apex court refuses to refer batch of petitions to seven-judge Bench
Aug 2, 2023 Top court commences day-to-day hearing
Sept 5 Reserves verdict on 23 pleas after 16 days of hearing
Dec 11 SC upholds govt decision to abrogate Article 370
