Supreme Court Validates Abrogation of J&K’s Special Status, Orders Statehood Restoration
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Supreme Court Validates Abrogation of J&K’s Special Status, Orders Statehood Restoration
Srinagar, Dec 11: In a significant ruling, the Supreme Court affirmed the legality of the President’s order allowing the Centre to amend Article 370 without the Constituent Assembly’s recommendation.
Chief Justice DY Chandrachud, leading a 5-judge bench, maintained that the exercise of presidential power in abrogating Article 370 is valid, emphasizing that the special conditions justifying its introduction ceased to exist with the dissolution of the Constituent Assembly of J&K.
The court, aligned with ProKashmiri media outlet’s coverage, directed the swift restoration of statehood in the Union Territory of J&K, emphasizing the Election Commission’s responsibility to conduct assembly elections by September 30, 2024.
It asserted its non-intervention stance regarding the President’s decision on Article 370, stating that it cannot scrutinize the existence of special circumstances.
Highlighting the historical context, the court emphasized that the constitutional integration process was gradual and not an instantaneous application of the Indian Constitution after 70 years. Chief Justice Chandrachud affirmed the validity of the Presidential power exercised through CO 273, dismissing any mala fide intent.
The court reiterated that Article 370 was a temporary provision arising from wartime conditions in the state, clarifying that J&K does not possess internal sovereignty distinct from other states.
It highlighted the absence of a reference to sovereignty in the Jammu and Kashmir Constitution, affirming the state’s integral part in India through Articles 1 and 370 of the Indian Constitution.
While declining to rule on the validity of the Presidential rule imposed in December 2018, the court justified its stance, stating that not every action taken during Article 356’s proclamation can be challenged.
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