Supreme Court Upholds Scrapping of Article 370, Directs Restoration of Jammu and Kashmir Statehood
In a landmark unanimous decision today, the Supreme Court upheld the Centre’s move to revoke the provisions of Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. The apex court asserted that Jammu and Kashmir held no distinctive internal sovereignty compared to other Indian states, validating the government’s decision to nullify Article 370.
Additionally, the Court backed the legitimacy of creating the Union Territory of Ladakh, separating it from Jammu and Kashmir in August 2019. In a significant directive, the Supreme Court ordered the expeditious restoration of statehood in the Union Territory of Jammu and Kashmir, emphasizing the need for swift action.
Moreover, the Court mandated the Election Commission of India to conduct elections in Jammu and Kashmir by September 30 next year. However, the Court refrained from ruling on the validity of the Presidential rule imposed in December 2018, as the petitioners did not explicitly challenge it. Emphasizing the provisional nature of Article 370, the Court highlighted its temporary status, originating as an interim measure during war conditions in the state.
The Court also acknowledged the multitude of decisions taken by the Centre under a proclamation under Article 356, affirming that not all actions could be subjected to challenge. This comprehensive ruling by the Supreme Court marks a significant milestone in the constitutional landscape concerning Jammu and Kashmir, delineating the course for its governance and reintegration into a full-fledged state.
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