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SC upholds repeal of Article 370
The CJI-led Constitution Bench stated that J&K's wartime circumstances led to the enactment of Article 370, which had a transitional function.
five-judge Bench delivered the verdict on validity of abrogation of Article 370 / Image - sci.gov/website
The Central government's 2019 decision to revoke Article 370 of the Constitution, which granted the State of Jammu and Kashmir (J&K) special status, was upheld on Monday, Dec 11, by a constitution bench led by Chief Justice of India (CJI) D.Y. Chandrachud.
Noting that Article 370 is a "temporary provision," the bench in its unanimous ruling said that its enactment was motivated by the State's needs during conflict and that it was intended to have a transitional function.
The court ruled that J&K lost all internal sovereignty upon unification and that the State Government's approval was not necessary in order to implement the Indian Constitution in the State. It ordered the Election Commission of India to hold the J&K Legislative Assembly elections by September 30, 2024.
What is Article 370?
The Indian Constitution's "Temporary, Transitional and Special Provisions" was mentioned under article 370. It said that the Jammu and Kashmir Constituent Assembly will have the authority to suggest how much of the Indian constitution should be applied to the state.
The former state of Jammu and Kashmir was granted a special status under the 'temporary' provision of Article 370 of the Indian Constitution. This status allowed the state to have its own constitution, own flag, and minimal interference from the Indian government.
Therefore, Article 370 would require the Union government to obtain state government approval before enforcing laws in Jammu and Kashmir—with the exception of those pertaining to communications, foreign policy, defense, and finance. J&K nationals were previously subject to different rules pertaining to citizenship, property ownership, and fundamental rights, as stated in the aforementioned article.
No citizen of another state was allowed to purchase land or other property in J&K, which was one of the main provisions of this law pertaining to citizens. Additionally, without the state government's approval, this article prohibited the federal government from establishing a state of emergency due to domestic turmoil.
In 2019, the Centre removed Article 370 in J&K and divided it into the Union Territories of Ladakh and J&K.
Commenting on the latest verdict, PM Modi said, “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 Ladakh. The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else.”
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
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