On December 11, 2023, the Supreme Court delivered a historic verdict upholding the Central government’s 2019 decision to revoke Article 370 of the Constitution, which granted special status to the erstwhile state of Jammu and Kashmir. This long-awaited judgment followed a 16-day hearing and deliberations by a five-judge Constitution bench led by Chief Justice of India (CJI) DY Chandrachud.
Key Highlights of the Verdict:
Article 370: Temporary Provision: The Supreme Court declared Article 370 a “temporary provision” and ruled that the government had the authority to modify or abrogate it.
Revocation Upheld: The court upheld the validity of the central government’s actions on August 5, 2019, deeming the abrogation of Article 370 provisions as legal and constitutional.
Statehood Restoration: Recognizing the need for political representation, the court directed the government to restore statehood to Jammu and Kashmir at the earliest.
Assembly Elections: The court set a deadline of September 30, 2024, for the Central government to hold assembly elections in Jammu and Kashmir.
No Internal Sovereignty: CJI Chandrachud asserted that Jammu and Kashmir held no internal sovereignty after its accession to India.
Mala Fide Intention Rejected: The court found no prima facie evidence indicating bad faith or extraneous exercise of power in the President’s 2019 orders related to Article 370.
Reorganisation Temporary: While upholding the revocation of Article 370, the court clarified that the reorganisation of the erstwhile state into Union Territories was a temporary measure.
Additional Points:
Justice S K Kaul, in a concurring opinion, recommended the creation of a Truth and Reconciliation Commission in Jammu and Kashmir to acknowledge and address alleged human rights violations.
The full verdict, including CJI Chandrachud’s detailed conclusions, is available online.
Implications:
This landmark verdict has significant implications for the future of Jammu and Kashmir. The abrogation of Article 370 paves the way for greater integration of the region with the rest of India, while the restoration of statehood and commitment to elections ensure a path towards political participation. The long-term impact and potential challenges remain to be seen.
Stay Informed:
This is a developing story with significant legal and political ramifications. For further details and analysis, keep following reliable news sources and legal commentary.
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