The Supreme Court on Monday upheld the Centre’s 2019 move to abolish Article 370 granting special autonomous status to Jammu and Kashmir but directed the restoration of statehood at the earliest.
In a historic verdict, a five-judge bench held that J&K did not retain sovereignty after joining India, and Article 370 was only intended as a temporary provision. Hence, the presidential order scrapping it was constitutionally valid.
However, the court ordered the government to restore J&K’s statehood, ensuring assembly elections by Sept. 2024. It also upheld the bifurcation of Ladakh as a separate union territory.
Chief Justice DY Chandrachud said the use of presidential powers under Article 370 was not “mala fide.” He stated J&K constitutionally integrated with India under Article 1, without retaining internal sovereignty.
The temporary clause was meant to facilitate the transition to full application of the Indian Constitution in J&K, the court ruled. With the dissolution of the constituent assembly, the justification for Article 370 ceased to exist.
Justice SK Kaul advised setting up a “truth and reconciliation” committee to probe rights violations by state and non-state actors since the 1980s. This acknowledgment is the first step towards healing J&K’s wounds, he stated.
In sum, while validating the government’s reorganization of J&K, the apex court sought to balance integration with reconciliation. It made statehood for J&K non-negotiable despite upholding the removal of special status.
After three years under central rule, empowered grassroots governance now holds the key to healing and stability in the sensitive region.
