New Delhi: The Constitution bench of the Supreme Court on Monday pronounced its verdict on the petitions challenging the abrogation of Article 370 and bifurcation of Jammu and Kashmir into two Union territories. The five-judge bench upheld Central Government’s decision to abrogate Article 370 of the constitution which gave special status to J&K, stating that every decision taken by the Centre on behalf of a State can’t be subject to a legal challenge. The bench also directed the Election Commission to hold elections in Jammu and Kashmir by September 30, 2024; Restoration of statehood shall take place as soon as possible.
A five-judge bench including Chief Justice of India DY Chandrachud, Sanjiv Khanna, BR Gavai, Justices Sanjay Kishan Kaul, and Surya Kant delivered the verdict.
Supreme Court upholds abrogation of Article 370 in Jammu & Kashmir constitutionally valid, asks Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024 pic.twitter.com/ucpOwGTvm9
— ANI (@ANI) December 11, 2023
The Constitution Bench was hearing several petitions challenging the abrogation of Article of the Constitution and bifurcating the state into two Union Territories which is J&K and Ladakh. The Apex Court said that it has held that Article 370 was a temporary provision.
” The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist….Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision,” the Court said.
The SC also noted that the argument of petitioners that the Centre cannot take actions of irreversible consequences in the State during presidential rule is not acceptable.
“We have held that the state of Jammu and Kashmir did not retain an element of sovereignty when it joined the Union of India. We have arrived at this conclusion for the following reasons. First paragraph eight of the instrument of acession executed by Maharaja Hari Singh provided that nothing in the instrument would affect the continuance of the sovereignty of the Maharaja in and over the state,” CJI Chandrachud said.
The CJI said that a proclamation was issued for the State of Jammu and Kashmir by “Yuvraj Karan Singh” on November 25, 1949.
“The declaration on this proclamation, that the Constitution of India would not only supersede all other constitutional provisions in the state, which were inconsistent with it, but also abrogate them, achieves what could have been attained by an agreement of merger. With the issuance of the proclamation, paragraph of the instrument of accession ceases to be of legal consequence. The proclamation reflects the full and final surrender of sovereignty by Jammu and Kashmir through its sovereign ruler to India ” CJI added further.
“The declaration issued by the President exercises the power and clause 3 of Article 370 is a culmination of the process of integration. Thus, we do not find that the President’s exercise of power under Clause 3 of Article 370 was malafide. We hold the exercise of Presidential Power to be valid,” the court said.
The Court also mentioned that Article 370 was made for the constitutional integration of the state with the Union and it was not made for disintegration. The President can declare that Article 370 ceases to exist, the bench added.
“Concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide,” the Court noted.
The Apex Court also directed the Election Commission to conduct Assembly elections in J&K by September 30, 2024, adding that the statehood shall be restored as soon as possible.
Notably, the Supreme Court reserved the judgement On September 5 after hearing the arguments for 16 days.
(With ANI inputs)