A New Chapter for Jammu and Kashmir’s Integration with India
In a historic judgment, the Supreme Court of India upheld the central government’s decision to revoke Article 370, a constitutional provision that had granted special status to Jammu and Kashmir. This landmark ruling, delivered by a five-judge constitution bench led by Chief Justice DY Chandrachud, marks a significant moment in India’s legal and political history.
The bench, which included Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, unanimously ruled that Article 370 was a temporary provision and its abrogation is constitutionally valid. Chief Justice Chandrachud, in his verdict, stated,
“Article 370 of the Constitution was an interim arrangement due to war conditions in the state. The Constituent Assembly of J&K was never intended to be a permanent body.”
The court’s decision came after hearing a series of petitions challenging the Centre’s 2019 decision to scrap the special status of Jammu and Kashmir under Article 370 and its bifurcation into two Union Territories. These petitions included those filed by political entities such as the National Conference and the People’s Democratic Party.
The central government, represented by Attorney General R Venkataramani and Solicitor General Tushar Mehta, defended its decision, arguing against the notion of “constitutional fraud” in repealing the provision. The government emphasized that Jammu and Kashmir did not retain elements of sovereignty after its accession to India, as reflected in Articles 1 and 370 of the Constitution.
Senior advocate Kapil Sibal, representing the petitioners, argued that Article 370 had assumed permanence following the dissolution of the Constituent Assembly of Jammu and Kashmir. He contended that the Parliament could not have declared itself to be the legislature of Jammu and Kashmir to facilitate the abrogation of Article 370, as Article 354 of the Constitution does not authorize such an exercise of power.
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The Supreme Court also directed the Election Commission to conduct elections in Jammu and Kashmir by September 30, 2024, and called for the restoration of statehood to the Union territory at the earliest. This direction is a significant step towards ensuring democratic processes in the region.
In response to the verdict, security was tightened across Jammu and Kashmir. There were reports of political leaders like Mehbooba Mufti and Omar Abdullah being put under house arrest, although these claims were later refuted by local police and authorities. The heightened security measures reflect the government’s efforts to maintain peace and order in the wake of the sensitive ruling.
The central government also submitted that the status of Jammu and Kashmir as a Union Territory is only temporary and it will be restored to statehood; however, Ladakh would remain a Union Territory. This statement indicates a future roadmap for the region’s administrative status.
The Supreme Court’s ruling is seen as a validation of the central government’s stance on Jammu and Kashmir and sets a precedent for the region’s future governance and integration with the rest of India. The decision marks a pivotal moment in the constitutional and political landscape of the country, potentially shaping the future of Jammu and Kashmir’s integration with India.
