The Supreme Court today upheld that the abrogation of Article 370 in Jammu and Kashmir and the carving out of Ladakh as constitutionally valid. The top court has directed the Election Commission to ensure elections are held to the J&K assembly by September 30, 2024. The court has also recommended the government to form a truth and reconciliation commission to record the human rights abuses in Jammu and Kashmir by both state and non-state actors.
A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, had reserved its verdict on as many as 23 petitions in the matter on September 5 this year, after 16 days of hearings. The bench also comprised Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant.
CJI DY Chandrachud said that Jammu and Kashmir held no internal sovereignty after accession to India. He said there was no prima facie case that the President’s 2019 orders were mala file or extraneous exercise of power. While the court said the reorganisation of the erstwhile state into Union Territories in 2019 was a temporary move, it directed the Centre for the restoration of statehood and for Legislative Assembly elections to be held.
Justice Kaul recommended in his concurring opinion that a Truth and Reconciliation Commission should be set up in J&K, for an acknowledgement of the acts of alleged violations done by the State and its actors in the region.
Following the top court’s judgement, PM Modi tweeted, “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 Ladakh. The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else.
I want to assure the resilient people of Jammu, Kashmir and Ladakh that our commitment to fulfilling your dreams remains unwavering. We are determined to ensure that the fruits of progress not only reach you but also extend their benefits to the most vulnerable and marginalised sections of our society who suffered due to Article 370.
The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India.”
Welcoming the Supreme Court’s verdict on Article 370, Union Home Minister Amit Shah on Monday said that today the top court has proved the decision to abrogate the constitutional provision was completely constitutional.
“I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish #Article370,” said Amit Shah on X.
As Supreme Court upholds the abrogation of Article 370 in Jammu and Kashmir as constitutionally valid, former H&K Chief Minister Omar Abdullah tweeted that he is disappointed but not disheartened. “The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul. #WeShallOvercome #Article370,” he wrote on microblogging platform X.
Former J&K MLA Sajid Lone tweeted, “The Supreme Court verdict on Article 370 is disappointing. Justice yet again eludes the people of J and K. Article 370 may have been legally obliterated but will always remain a part of our political aspirations.
“In the case of statehood the Supreme Court sidestepped even commenting on it, thus protecting the entire country from any future misuse, by citing precedence. Yet the same misuse was subtly endorsed in J & K. Let us hope at a future date Justice wakes up from its slumber of pretence,” he added.