Supreme Court upholds abrogation of Article 370 in Jammu & Kashmir

The Supreme Court has upheld the abrogation of Article 370 that conferred a special status to Jammu and Kashmir. The apex court was hearing a batch of petitions challenging the abrogation of Article 370. 

The apex court ruled that the President’s order to scrap Article 370, revoking Jammu and Kashmir’s special status was not malafide, and was valid. The five-judge Constitution Bench, headed by Chief Justice DY Chandrachud gave a unanimous verdict on the batch of pleas challenging the abrogation. 

CJI Chandrachud pointed out that not every decision of the government can be challenged. The apex court stated that Article 370 was a temporary provision to serve as an interim process. It was an interim arrangement due to war conditions in the state, the Supreme Court held. 

The court added that Jammu and Kashmir does not hold internal sovereignty. It added that the deal signed by Maharaja Hari Singh said that the Indian Constitution is final and that Jammu and Kashmir had no sovereignty when it joined India. 

“Article 370 doesn’t freeze Jammu and Kashmir integration. Article 370 is for integration and not disintegration,” said the court.

The Supreme Court stated that it upholds the decision to carve out Union Territory of Ladakh. “We direct ECI to hold polls under Section 14 of the Reorganisation Act and statehood at the earliest,” the apex court added. 

The five-judge Constitution Bench, comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, apart from CJI Chandrachud, delivered the verdict. The court began hearing the batch of pleas challenging the abrogation of Article 370 from August 2,2023. The court had reserved its verdict in the matter on September 5. 

Also read: Article 370 verdict: Supreme Court directs ECI to conduct J&K Assembly Polls by Sept 30, 2024

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