Updated on 11 December 2023 11:55 PM IST | By Sanjay Thakur
The CJI-led Constitution Bench stated that J&K’s wartime circumstances led to the enactment of Article 370, which had a transitional function.
Monday saw the unanimous upholding of the Central government’s 2019 decision to revoke Article 370 of the Constitution, which granted the former State of Jammu and Kashmir (J&K) special status, by a Chief Justice of India, D.Y. Chandrachud.
The Bench noted that Article 370 is a “temporary provision,” stating that its enactment was motivated by the State’s needs during the conflict and that it was intended to have a transitional function.
Three verdicts were rendered by the Bench, with Justice DY Chandrachud, Justice Gavai, and Justice Surya Kant each delivering one. Conversely, two distinct concurring judgements have been written by Justices SK Kaul and Sanjiv Khanna.
The court ruled that J&K lost all internal sovereignty upon unification and that the State Government’s approval was not necessary in order to implement the Indian Constitution in the State.
The court declined to rule on the legitimacy of the State’s reorganisation into the Union Territories of J&K and Ladakh due to Solicitor General Tushar Mehta’s declaration that the government intends to restore J&K’s statehood as soon as practicable. It did, however, support the division of Ladakh into a Union Territory.
The Election Commission of India was also ordered by the court to move towards holding elections for the J&K Legislative Assembly by September 30, 2024.
The establishment of an unbiased Truth and Reconciliation Commission to look into and document human rights abuses committed by the State and non-state actors since the 1980s was suggested by Justice S.K. Kaul in his concurring opinion.
Today, an error about the Himalayas was rectified: Attorney General Tushar Mehta
Attorney General Tushar Mehta states, “August 5, 2019, and this day will go down in the history of India when a himalayan constitutional blunder of the past with gigantic proportion is finally corrected by the Government.”
“Being the only lawyer involved in the process of repealing Article 370 through constitutional and legal methods before August 5, 2019, I too am experiencing a historic day. I led the arguments before the Supreme Court’s Constitution Bench while upholding the constitutional process.” he says.
Amit Shah applauds the decision.
In a flurry of tweets, Home Minister Amit Shah claims that the Supreme Court’s ruling today has demonstrated that the decision to revoke #Article 370 was entirely lawful.
After the abrogation of #Article370, the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past. The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity…
— Amit Shah (@AmitShah) December 11, 2023
The decision of today is a ray of optimism and a guarantee of a better future… for a united India: PM Modi
Prime Minister Narendra Modi expresses his gratitude for the decision and gives the people of Jammu, Kashmir, and Ladakh the assurance that “our commitment to fulfilling your dreams remains unwavering.”
Today's Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and…
— Narendra Modi (@narendramodi) December 11, 2023
