SC Upheld The Abolitions Of Art. 370 From Jammu & Kashmir

Utkarsh Classes Last Updated 11-12-2023

SC Upheld The Abolitions Of Art. 370 From Jammu & Kashmir

State news 5 min read

On December 11, 2023, a five-judge bench of the Supreme Court headed by Chief Justice DY Chandrachud unanimously accepted the removal of Article 370 from Jammu and Kashmir as valid. Under Article 370, the state of Jammu-Kashmir was given the status of a special state.

After this decision of the Supreme Court, the decision taken by the Indian Parliament on August 5, 2019, has been constitutionally approved.
The Central Government repealed Article 370 of the Constitution (providing special provisions to Jammu and Kashmir) on August 5, 2019.

Five-judge bench headed by DY Chandrachud:

Justice DY Chandrachud (Chairman), Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant.

Key points of the Supreme Court's decision:

The Chief Justice (CJI) of the Supreme Court said in his decision that Jammu and Kashmir is an integral part of India. This is clearly described in Articles 1 and 370 of the Constitution. Jammu and Kashmir have the same rights and freedoms as other states of the country. Its sovereignty ended with the signing of the Instrument of Accession with India; that is, it has no separate sovereignty.
Article 370 of the Constitution was a temporary provision, the power to abolish it was vested in the President.
The CJI said that Article 370 was an interim arrangement due to the war situation in the state.
Article 370 was for the constitutional integration of Jammu-Kashmir with the Union and not for disintegration.
The CJI said that the Constituent Assembly of Jammu-Kashmir was never intended to be a permanent body.
The CJI said, we direct that statehood should be restored to the Union Territory of Jammu-Kashmir immediately.
Steps should be taken for early elections in Jammu-Kashmir. Elections should be held in Jammu and Kashmir by 30 September 2024.
CJI said, we maintain the validity of the decision to create the Union Territory of Ladakh from Jammu-Kashmir.
The CJI said that it was not necessary to follow the principle of consultation and cooperation in the exercise of presidential power.
The objective of Article 370 was to gradually bring Jammu-Kashmir to par with other Indian states.

Formation of a committee to investigate human rights violations:

Justice Sanjay Kishan Kaul, has recommended the formation of a committee to investigate human rights violations since the 1980s.

About Article 370:

Article 370 was a key provision of the Indian Constitution that provided a special status to the erstwhile state of Jammu-Kashmir.
Sheikh Abdullah, the interim Prime Minister of J&K, led the negotiations with the Indian Constituent Assembly in July 1949. As a result of these talks, Article 370 was adopted.
Under Article 370, the Indian Parliament had the right to make laws only regarding defence, foreign affairs and communications. But for the Center to enact any law related to any other subject, the consent of the State Government was mandatory.
Under Article 370, Jammu and Kashmir was granted some special autonomy, under which:
- the state has its own constitution
- a different flag
- provided limited jurisdiction to the Government of India