A Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud on Monday unanimously upheld the Central government’s 2019 decision to abrogate Article 370 of the Constitution which conferred special status on the erstwhile State of Jammu and Kashmir (J&K).
Pointing out that Article 370 is a ‘temporary provision’, the Bench said that it was enacted due to wartime conditions in the State and was meant to serve a transitional purpose.
The Bench pronounced three verdicts – one by CJI DY Chandrachud for himself and Justices Gavai and Surya Kant. Whereas, Justices SK Kaul and Sanjiv Khanna have authored two separate concurring judgments.
The court held that J&K did not retain any internal sovereignty after its integration and that the concurrence of the State Government was not required to apply the Indian Constitution to the State.
In light of Solicitor General Tushar Mehta’s submission that the government plans to restore J&K’s statehood as soon as possible, the court did not adjudicate upon the validity of the reorganisation of the State into the Union Territories of J&K and Ladakh . However, it upheld the carving out of Ladakh as a Union Territory.
The court also directed the Election Commission of India to take steps to conduct elections to the J&K Legislative Assembly by September 30, 2024.
Also Read: Explained | What is the debate around Article 370?
Justice S.K. Kaul in his concurring judgment recommended the constitution of an impartial Truth and Reconciliation Commission to investigate and report on the violations of human rights both by the State and non-state actors since the 1980s. The Commission has been tasked to suggest measures for reconciliation in a time-bound manner.
Follow here for all live updates: