Supreme Court Upholds Abrogation Of Special Status Of Jammu And Kashmir, Asks To Hold Elections By September 2024
In a unanimous verdict the Supreme Court upheld the abrogation of special status of Jammu and Kashmir. The court said President had the power to issue notification declaring that Article 370 ceases to operate without a recommendation of the J&K Constituent Assembly. “It is a culmination of integration process,” CJI Chandrachud said in his verdict.
The court has also directed the Election Commission of India to take steps to conduct elections to the J&K assembly by September 30. “Restoration of statehood shall take place as soon as possible,” CJI said. The historic verdict was delivered by the five-judge Constitution bench, comprising Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. Notably, there were three judgments in total. One was authored by CJI Chandrachud on behalf of himself, Justice BR Gavai, and Justice Surya Kant. Meanwhile, Justice Kishan Kaul and Justice Sanjiv Khanna made separate concurring judgments.
CJI Chandrachud stated that Article 370 was an interim arrangement due to war conditions in the state. “Textual reading also indicates that Article 370 is a temporary provision,” added CJI Chandrachud while reading the judgment. The CJI also pointed out that not every decision of the central government can be challenged and further stated that Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and not for disintegration.
Justice Sanjay Kishan Kaul, in his judgment, recommended setting up an impartial Truth and Reconciliation Committee. The committee will investigate and report on the violations of human rights both by state and non-state actors, at least since the 1980s. “Truth and Reconciliation Commission could facilitate a reparative approach, that enables forgiveness for the wounds of the past and forms the basis of achieving a shared national identity,” Live Law quoted Justice Sanjay Kishan Kaul as saying. Justice SK Kaul also observed that Article 370 was meant to gradually bring the erstwhile state of Jammu and Kashmir on par with other Indian states.
