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

The Supreme Court on Monday directed the Election Commission of India (ECI) to conduct elections to the Legislative Assembly of Jammu & Kashmir by September 30, 2024. The top court was hearing a bunch of petitions against the abrogation of Article 370 by the Centre. 

The five-judge Constitution bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul and Sanjeev Khanna assembled at 10:56 am to pronounce three separate and concurring judgements on these petitions.

"We direct that steps shall be taken so that elections are held in Legislative Assembly of J&K by September 2024 and statehood shall be restored as soon as possible," the Supreme Court bench headed by CJI DY Chandrachud was quoted as saying by India Today.

While pronouncing the verdict, the Constitution bench said that direct elections are one of the significant features of democracy and that they could not be withheld. The top court also stated that Jammu and Kashmir does not have any internal sovereignty separate from the powers with other states.

It also added that the power to abrogate this provision exists with the President of India, while adding that historical context behind Article 370 shows that it is a temporary provision.

"We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of the Constitution as valid," the CJI noted. He added that not every decision of the government can be challenged.

Article 370 was an interim arrangement dur to war conditions in the erstwhile state, CJI Chandrachud explained. The top court also mentioned that Jammu and Kashmir does not hold any internal sovereignty. "The deal by Maharaja Hari Singh said the Indian Constitution is final. Jammu and Kashmir had no sovereignty when it joined India," the Supreme Court noted.

"Article 370 doesn't freeze Jammu and Kashmir integration. Article 370 is for integration and not disintegration."

The CJI also mentioned that the princely state became an integral part of India, a fact which is evident from Articles 1 and 370. Not only this, the top court also upheld the validity of the decision to form the union territory of Ladakh from Jammu and Kashmir in August 2019.

(With inputs from PTI, India Today)

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