Supreme Court Affirms Article 370 As Temporary And Upholds Its Abrogation

The Supreme Court (SC) unanimously upheld the Centre’s abrogation of Article 370 on Monday, asserting that it was a temporary provision and that Jammu & Kashmir lost elements of sovereignty after acceding to India in 1948. The court characterized Article 370 as a feature of asymmetric federalism.

However, the court ruled that the Centre had overstepped its powers by amending laws in J&K. It directed the Election Commission (EC) to conduct polls in J&K by September 30, 2024, emphasizing the need for the state’s restoration.

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The apex court also endorsed the reorganization of Ladakh as a Union Territory, citing Article 3 as enabling such changes. Chief Justice of India (CJI) DY Chandrachud stated that Article 370’s temporary nature was due to war conditions in the state, and the J&K Constituent Assembly was meant to be temporary.

Chandrachud highlighted the gradual integration of the state with the Union since 1948 through the exercise of Article 370 (1). The court maintained that the power to abrogate Article 370 rested with the President.

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The bench, consisting of CJI Chandrachud and Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant, delivered three separate but concurrent judgments. It affirmed that J&K lacked internal sovereignty distinct from other states and rejected the argument that the Union couldn’t take irreversible actions during Presidential rule.

CJI Chandrachud emphasized that challenging every decision made by the Union during Presidential rule would halt state administration. Article 370 was abrogated on August 5, 2019, bifurcating the state into Union Territories of Jammu and Kashmir and Ladakh. The court examined whether these changes could only be made based on the Constituent Assembly’s recommendations.

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The verdict followed a 16-day hearing, and as of now, Lieutenant Governors appointed by the Centre govern the two UTs. J&K has a legislative assembly, while Ladakh, as a UT, lacks one, and no Assembly elections have occurred in J&K since 2014.