Supreme Court Constitution bench upheld the abrogation of Article 370 and the division of Jammu and Kashmir into two Union territories, rejecting challenges in a series of petitions.
The Court also mandated the Election Commission of India to make arrangements for conducting elections to the Legislative Assembly of Jammu and Kashmir by September 30, 2024.
The five-judge constitution bench comprising Chief Justice of India D Y Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant, stated, “It (SC) doesn’t need to adjudicate on the validity of proclamations because the main challenge was to abrogation and if it can be done during president rule and even if its held proclamation could not be done, no material to say president rule cannot be invoked.”
“Every decision taken by Union on behalf of State during Presidential rule not open to challenge…this will lead to the administration of the state to a standstill,” the bench added.
“We have held that Article 370 is a temporary provision. Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision. Marginal note says it is temporary and transitory,” the bench stated.
The court declined to rule on the Presidential rule imposed in Dec 2018, noting that decisions during Presidential rule are not open to challenge. CJI Chandrachud emphasized that Article 370 was temporary and an interim arrangement for constitutional integration. The court held that the President can declare Article 370 ceases to exist.
The government defended its decision, arguing no “constitutional fraud” occurred, and the status of Jammu and Kashmir as a Union Territory is temporary. Petitioners, represented by Kapil Sibal, argued Article 370 had assumed permanence. The Jammu and Kashmir High Court Bar Association contended the Maharaja retained sovereignty, except in defence, external affairs, and communication.
The government claimed peace, progress, and prosperity since the abrogation in 2019. The Constitution Bench heard petitions challenging the abrogation and the Jammu and Kashmir Reorganisation Act, 2019. The Act divided the state into Jammu and Kashmir and Ladakh, following the revocation of Article 370 on August 5, 2019.
