In a significant development, India’s Supreme Court has affirmed the constitutional validity of the Union Government’s 2019 decision to repeal Article 370, thereby stripping Jammu and Kashmir of its special status.

The apex court, which was addressing a series of petitions challenging the abrogation, ruled on December 11 that the State of Jammu and Kashmir lacked internal sovereignty, and the consent of the State Government was not a prerequisite for applying the Indian Constitution to the region. Highlighting that Article 370 was a temporary provision, the court supported the Center’s decision.

Further, it directed the Election Commission of India to conduct assembly elections in Jammu and Kashmir by September 30, 2024. This landmark verdict marks a pivotal moment in the legal landscape surrounding the contentious Article 370.


What is Article 370?

Article 370 of the Indian constitution granted special status to Jammu and Kashmir, a region in the northern part of the Indian subcontinent and a focal point of the longstanding dispute involving India, Pakistan, and China since 1947. From November 17, 1952, to October 31, 2019, Jammu and Kashmir functioned within India’s administration. Article 370 confers the authority to maintain a distinct constitution, possess a state flag, and exercise autonomy over internal administration.

Encompassed within Part XXI of the Indian constitution, titled “Temporary, Transitional and Special Provisions,” Article 370 outlined that the Constituent Assembly of Jammu and Kashmir held the authority to recommend the extent of the Indian constitution’s application to the state. Additionally, the state assembly retained the power to revoke Article 370, applying the entire Indian Constitution to the state.

Upon the convening of the state constituent assembly, recommendations were made regarding the provisions of the Indian constitution applicable to the state, leading to the issuance of the 1954 Presidential Order. As the state constituent assembly disbanded without suggesting the abrogation of Article 370, the article was deemed a permanent fixture of the Indian Constitution.


Article 370 (Special Status) Revoked!

On August 5, 2019, the Government of India issued a Presidential Order, superseding the 1954 order, and extended all provisions of the Indian constitution to apply to Jammu and Kashmir. This decision was grounded in a resolution passed by both houses of India’s parliament with a two-thirds majority. Subsequently, on August 6, another order rendered all clauses of Article 370, except for clause 1, inoperative.

Simultaneously, the parliament enacted the Jammu and Kashmir Reorganisation Act, 2019, leading to the bifurcation of the state of Jammu and Kashmir into two union territories, designated as the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh. This reorganisation officially took effect on October 31, 2019.

In response to these transformative changes, 23 petitions were presented to the Supreme Court of India, challenging the central government’s decision to abolish Article 370 of the Constitution. To address these legal challenges, the Supreme Court constituted a five-judge bench.


Supreme Court Bench

The Supreme Court was supposed to pronounce its judgment in the Article 370 case on 11th December at 10.30 AM. A 5-judge bench led by Chief Justice of India DY Chandrachud was supposed to decide the validity of the Presidential Orders of 2019 repealing the special status of Jammu and Kashmir. The bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.


Supreme Court Judgment on Article 370

The recent court judgment clarified several vital points.

Firstly, it emphasized that Jammu and Kashmir lost their sovereignty after adopting the Indian Constitution in 1949 and that Article 370 was a feature of asymmetric federalism rather than complete independence.

The court stated that challenges to earlier proclamations did not warrant consideration, focusing instead on actions after the abrogation of Jammu and Kashmir’s special status. The President’s power to issue notifications under Article 370(1)(d) and the subsequent constitutional integration were also deemed valid.

The court declared the Constitution of Jammu and Kashmir redundant after the complete application of the Indian Constitution, and it upheld the validity of the decision to create the Union Territory of Ladakh.

The judgment also directed the Election Commission to conduct elections for the Legislative Assembly of Jammu and Kashmir by September 2024, emphasizing the eventual restoration of statehood.