Article 370 was an interim arrangement, in view of the special circumstances because of the war conditions in Jammu and Kashmir, SC says
In a landmark decision, the Supreme Court of India on Monday (December 11, 2023) upheld the Central government's decision of 2019 to abrogate Article 370 of the Constitution which had conferred special status on the erstwhile State of Jammu and Kashmir.
 
The government's decision to abrogate Article 370 of the Constitution was upheld unanimously by a Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant on the ground that it was a temporary provision. 
 
The Constitution Bench delivered three judgments. One was authored by CJI Chandrachud on behalf of himself, Justice Gavai and Justice Kant. Justices Kaul and Khanna wrote separate concurring judgments. 
 
In the judgments, which came on a batch of petitions challenging the Central government's move to delete Article 370, the Supreme Court of India held that Article 370 was enacted partly due to the wartime conditions in Jammu and Kashmir (J&K).
 
"We hold that Article 370 is a temporary provision. It was introduced to serve transitional purposes, to provide for an interim arrangement until the Constituent Assembly of the State was formed and could take a decision on the legislative competence of the Union on matters other than the ones stipulated in the instrument of accession and to ratify the Constitution. Second, it was for a temporary purpose, an interim arrangement, in view of the special circumstances because of the war conditions in the State," the Court said.
 
Additionally, the Supreme Court also noted that the State of Jammu and Kashmir does not retain any element of sovereignty after the execution of the IoA (Instrument of Accession) and the issuance of the Proclamation dated
November 25, 1949 by which the Constitution of India was adopted. 
 
"The State of Jammu and Kashmir does not have ‘internal sovereignty’ which is 
distinguishable from the powers and privileges enjoyed by other States in the 
country. Article 370 was a feature of asymmetric federalism and not 
sovereignty," the court said.
 
The Supreme Court did not rule on the validity of the Jammu and Kashmir Reorganisation Act, 2019 which had bifurcated the erstwhile State into two Union Territories, Jammu and Kashmir & Ladakh.
 
"Solicitor General submits that Statehood will be restored to Jammu and Kashmir. In view of this submission, we do not find it necessary to determine whether the Jammu and Kashmir Reorganisation Act 2019 was invalid," the Court said.
 
The Court, however, directed that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir 
constituted under Section 14 of the Reorganisation Act by 30 September 
2024. 
 
"Restoration of statehood shall take place at the earliest and as soon as 
possible," the Supreme Court said.