New Delhi, Dec 11: In a historic judgment, the Supreme Court on Monday affirmed the central government’s 2019 decision to abrogate Article 370 of the Constitution. The five-judge bench, led by Chief Justice of India (CJI) DY Chandrachud, not only upheld the abrogation but also directed the restoration of statehood to the Union territory of Jammu and Kashmir. The Election Commission of India (ECI) was mandated to conduct legislative elections by September 30, 2024.
Key Takeaways:
- CJI Chandrachud emphasized that not every decision made by the central government on behalf of states is subject to legal challenge to prevent the state’s administration from coming to a standstill.
- The court affirmed that the President of India possessed the authority to abrogate Article 370 without the need for a recommendation from the Jammu and Kashmir assembly.
- The principle of consultation with stakeholders was deemed unnecessary during the exercise of presidential power, as per the court’s ruling.
- The CJI highlighted that Article 370 was initially an interim arrangement due to war conditions in the former state.
- The court observed, “Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision.”
Political Responses:
- Prime Minister Modi hailed the verdict as “historic” and a “resounding declaration of hope, progress, unity for our sisters and brothers in J&K, Ladakh.”
- Members of the Gupkar alliance, including Mehbooba Mufti and Omar Abdullah, claimed house arrest before the SC verdict. However, Lieutenant Governor Manoj Sinha dismissed these claims as “baseless,” and the Srinagar Police clarified, “No person has been put under house arrest.”
