In a historic development, the 5-judge bech of Supreme Court on Monday unanimously upheld the government's decision to revoke Article 370, granting special status to the former state of Jammu and Kashmir.
Chief Justice of India D Y Chandrachud, along with Justices Gavai and Surya Kant, in their judgment, emphasized that Article 370 was a temporary provision and within the president's authority to annul. Justices Kaul and Khanna presented their opinions individually.
The court further supported the creation of the union territory of Ladakh in August 2019, separating it from Jammu and Kashmir. Chief Justice Chandrachud asserted that Jammu and Kashmir did not possess internal sovereignty distinct from other states, allowing the application of all Indian Constitution provisions to the region.
The bench, however, directed that steps should be taken to conduct elections in the assembly by September 30 next year.
Expressing the validity of the presidential power exercise in revoking Article 370, the Chief Justice highlighted Jammu and Kashmir's integration into India, evident in Articles 1 and 370. He clarified that the Constituent Assembly of J&K was never intended to be a permanent body.
Article 370, nullified on August 5, 2019, was deemed an interim measure due to wartime conditions in the former state. The CJI, in pronouncing the judgment, underlined the state's integral status in India as outlined in Articles 1 and 370.
The bench, including CJI D Y Chandrachud and Justices Gavai, Surya Kant, Sanjay Kishan Kaul, and Sanjiv Khanna, commenced proceedings at 10.56 am, delivering three separate but concurring judgments.
The Supreme Court had reserved its verdict on September 5 following a 16-day hearing on various petitions challenging the abrogation of Article 370. The CJI's ongoing pronouncement of the verdict marks a significant development in the legal landscape.
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