Supreme Court upholds abrogation of Article 370 as constitutionally valid
The Supreme Court on Monday, December 11, upheld that the abrogation of Article 370 as constitutionally valid. In a landmark judgement, the apex court held that the Constitution of India is applicable fully to Jammu and Kashmir. The court held that Jammu and Kashmir ceded to the sovereignty of India in totality and does not retain any sovereignty.
"... 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," the CJI said.
The Bench headed by Chief Justice DY Chandrachud directed the Election Commission to hold elections the Union Territory of J&K by September 30, 2024. The court also directed the Centre to restore the statehood of Jammu and Kashmir at the earliest. `
Writing the judgement for himself and Justices Gavai and Surya Kant, the CJI said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir in August 2019.
Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the erstwhile state, Justice Chandrachud said. The princely state had become an integral part of India and this is evident from Articles 1 and 370, the CJI said.
The bench comprised CJI and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, Sanjiv Khanna, assembled at 10.56 am to pronounce the three separate and concurring judgements Justices Kaul and Khanna wrote their judgments separately.
The apex court reserved its verdict in the matter on September 5 after a 16-day hearing on a batch of petitions challenging the abrogation of the provisions of Article 370.
Timeline
December 20, 2018: President's Rule imposed while exercising powers under Article 356 of the Constitution in the state of Jammu and Kashmir. It was subsequently extended on July 3, 2019.
August 5, 2019: Centre abrogates the provisions of Article 370, bestowing a special status upon the erstwhile state of Jammu and Kashmir.
August 6, 2019: First petition challenging the presidential order scrapping Article 370 filed by advocate ML Sharma, who was later joined by another lawyer from Jammu and Kashmir, Shakir Shabir.
August 10, 2019: National Conference (NC), a prominent political party from Jammu and Kashmir, files a petition contending that the changes brought in the status of the state had taken away the rights of its citizens without their mandate.
August 24, 2019: Press Council of India moves the Supreme Court supporting the Centre and Jammu and Kashmir administration's decision to impose restrictions on communications.
August 28, 2019: Supreme Court issues notices to the Centre, Jammu and Kashmir administration on a plea moved by Kashmir Times editor for the removal of the restrictions imposed on journalists.
August 28, 2019: A bench headed by then Chief Justice Ranjan Gogoi refers matter to five-judge Constitution bench.
September 19, 2019: Supreme Court sets up five-judge Constitution bench to hear pleas challenging abrogation of Article 370.
March 2, 2020: Supreme Court declines to refer to larger seven-judge bench batch of petitions challenging constitutional validity of Centre's decision to abrogate provisions of Article 370.
April 25, 2022: Supreme Court agrees to consider listing after summer vacation pleas challenging Centre's decision to abrogate provisions of Article 370 after one of the petitioners seeks urgent hearing in view of delimitation exercise being carried out in Jammu and Kashmir.
July 11, 2023: Supreme Court says it will commence day-to-day hearing from August 2 on petitions challenging abrogation of Article 370.
August 2, 2023: Supreme Court commences hearing on petitions challenging abrogation of Article 370.
September 5, 2023: Court reserves verdict on 23 petitions in the matter after hearing those for 16 days.
December 11, 2023: Supreme Court upholds government's decision to abrogate Article 370, says steps should be taken to conduct election to Assembly in Union Territory by September 30 next year.
With inputs from PTI
First Published: Dec 11, 2023 11:49 AM IST
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