The Apex Court held that the J&K had “no internal sovereignty” and that Article 370 was a temporary provision.
Supreme Court has upheld the validity of the Government of India’s 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under under Article 370 of the Constitution. The court on Monday (December 11) held that the J&K had “no internal sovereignty” and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.
A report by by LiveLaw said that in view of the submission of the Solicitor General that the Union will restore the statehood of J&K as soon as possible, the Court did not adjudicate upon the validity of the reorginazation of J&K into Union Territory (UT). However, the carving out of Ladakh as UT was upheld.
The Court also issued a direction to the Election Commission of India to take steps to hold elections to the J&K Legislative Assembly by September 30, 2024.
Although the Court held that the Constitutional Order 272 (which changed the meaning of ‘J&K Constituent Assembly’ as ‘J&K Legislative Assembly’ and ‘ J&K Government’ as ‘Governor’), this conclusion did not affect the outcome of the judgment since the Court held that the recommendation of J&K Constituent Assembly was not necessary for the President to declare Article 370 as in-operative.
The Constitution bench of the Supreme Court, led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, pronounced the judgement. The Apex Court had reserved the judgement in the matter on 5 September 2023 after hearing it for sixteen long days.