The Supreme Court (SC) Monday backed the Centre’s move to scrap special status to Jammu and Kashmir under Article 370 of the Constitution and ordered elections next year.
Upholding the Centre’s decision on the validity of Article 370, the CJI said that the Constituent Assembly of J&K was never intended to be a permanent body and when it ceased to exist, the special condition for which Article 370 was introduced ceased to exist.
Jammu and Kashmir does not have internal sovereignty different from other states of the country and “all provisions of the Indian Constitution can be applied to J-K,” the CJI said. “We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” he declared.
The Supreme Court bench paved way for the restoration of the statehood of Jammu and Kashmir. “We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest,” CJI Chandrachud said, directing the ECI to take steps to conduct elections of the Jammu and Kashmir Assembly by September 30 next year.
Meanwhile, in his concurring judgment, Justice Khanna directed the setting up of a ‘truth-and-reconciliation commission’ to probe human rights violations both by the state and non-state actors. Justice Kaul emphasised the importance of healing wounds and addressing inter-generational trauma by acknowledging past violations committed by the State and its actors.
Underscoring the need for transparency and accountability, he said, “Truth-telling paves a way for reconciliation.”
The Supreme Court, however, explained why the state continued to enjoy special status even after its merger with India, despite the state not having “internal sovereignty”.
“When the constituent assembly ceased to exist, the special condition for which Article 370 was introduced also ceased to exist. But the situation in the state remained, and thus the Article continued,” the Supreme Court said.
“All states in the country have legislative and executive power, albeit to differing degrees. Article 371A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism… Jammu and Kashmir does not have internal sovereignty different from other states,” the Supreme Court said.
Article 370 gave Jammu and Kashmir its own Constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended special status to the state.
Contained within Article 370 was Article 35A, which allowed the erstwhile state to define who it acknowledged as permanent residents and gave special rights, such as government jobs and owning property.
The Supreme Court said it did not find it necessary to see whether the reorganization of Jammu and Kashmir into a Union Territory was valid since it was a temporary arrangement until the election and restoration of statehood.
Article 370 Was Temporary
Ladakh To Remain A Union Territory
J&K Statehood To Be Restored
SC asks EC to conduct elections in J&K by Sep 2024
In a landmark judgment on Article 370, the Supreme Court Monday ordered the Election Commission of India ( ECI) to hold elections in Jammu and Kashmir by September 30, 2024. Supreme Court said this while delivering its verdict on the constitutionality of the abrogation of Article 370 of the Indian Constitution, which gives the special status to J&K.
“We direct that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30. Restoration of statehood shall take place as soon as possible,” said the CJI DY Chandrachud.
The CJI also held that Article 370 is a temporary provision. “The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly,” the top judge said, adding that the recommendation of the Constituent Assembly was not binding on the President. He added that the J&K Constituent Assembly was intended to be a temporary body.
“When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article continued,” CJI Chandrachud elaborated.
Art-370 verdict resounding declaration of hope, progress: PM
Prime Minister Narendra Modi on Monday hailed the Supreme Court’s “historic” judgement on Article 370, and called it a “resounding declaration of hope, progress, and unity” for the people of Jammu and Kashmir, and Ladakh. In a detailed post on X, issued less than an hour after the court delivered its verdict, he also told people of the former state his government is committed to fulfilling their dreams.
“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,” he said on a post on X.
“The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else,” the PM said.
“I want to assure the resilient people of Jammu, Kashmir, and Ladakh that our commitment to fulfilling your dreams remains unwavering. We are determined to ensure that the fruits of progress not only reach you but also extend their benefits to the most vulnerable and marginalised sections of our society who suffered due to Article 370,” he added.
“The verdict today 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, more united India,” he added.
Separatism, stone pelting things of past: Amit Shah
Union Home Minister Amit Shah Monday reacted to the verdict of the Supreme Court on the abrogation of Article 370 in Jammu and Kashmir, hailing the decision of the five-judge bench to uphold the Presidential order regarding the same.
In his post on X platform, Shri Amit Shah said, “I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish Article 370. On the 5th of August 2019, Prime Minister Shri Narendra Modi Ji took a visionary decision to abrogate Article 370. After abrogation of Article 370 peace and normalcy have returned to J&K.”
“Growth and development have brought new meaning to human life in the valley once torn by violence. Prosperity in the tourism and agriculture sectors has raised the income levels of the residents of both Jammu, Kashmir and Ladakh. Today, the Supreme Court’s verdict has proved that the decision to abrogate Article 370 was completely constitutional,” he said.
Shah said after the Supreme Court verdict, the rights of the poor and deprived have been restored in Jammu and Kashmir. “…separatism and stone pelting are now things of the past. After the abrogation of Article 370 the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past. The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity with Bharat stands reinforced. It is once again the Jammu, Kashmir, and Ladakh that always belonged to our nation and will continue to be so,” he said.
“Under the leadership of PM Shri Narendra Modi Ji our government is committed to establishing lasting peace in J&K and Ladakh and the all-around development of the region. Whether it is boosting the local economy with new incentives, building state-of-the-art educational infrastructure, or empowering the poor with welfare benefits, we will continue to exert all our might for the region,” he said.
No One Detained, Placed Under House Arrest
Lieutenant Governor Manoj Sinha said neither any one has been arrested nor anybody placed under house arrest. “Some people are trying to spread rumours about house arrest and arrests of people. I am stating this with full responsibility that nobody has been placed under house arrest nor has anyone been arrested due to political reasons in J&K,” LG said addressing a press conference at Jammu.
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