In a landmark decision, the Supreme Court on Monday upheld the government’s move to abrogate Article 370, which granted special status to the former state of Jammu and Kashmir. Chief Justice of India D Y Chandrachud, writing the judgment for himself and Justices Gavai and Surya Kant, stated that Article 370 was a temporary provision, and the president had the authority to revoke it. The court also supported the validity of separating the union territory of Ladakh from Jammu and Kashmir in August 2019, emphasizing that Jammu and Kashmir did not possess internal sovereignty distinct from other states in the country. The judgment asserted that all provisions of the Indian Constitution could be applied to Jammu and Kashmir.
The Supreme Court affirmed the exercise of presidential power to issue a constitutional order abrogating Article 370, declaring it valid. The Chief Justice noted that Jammu and Kashmir had become an integral part of India, as evident from Articles 1 and 370. The judgment emphasized that Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the former state. The court held that the Constituent Assembly of Jammu and Kashmir was never intended to be a permanent body. The pronouncement followed a 16-day hearing on petitions challenging the abrogation of Article 370, with the court calling for elections in the assembly by September 30 next year.
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