WATCH as CJI Chandrachud pronounces verdict on pleas challenging abrogation of Article 370 in J&K

The Supreme Court on Monday upheld the Central government’s decision to abrogate Article 370 of the Constitution which bestowed special status on the erstwhile state of Jammu and Kashmir and said steps should be taken to conduct elections in the assembly by 30 September, 2024. The apex court also directed that statehood to the union territory of Jammu and Kashmir be restored at the earliest. On Monday, at 10:56 am, a 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 assembled to pronounce the three separate and concurring judgements. Justices Kaul and Khanna wrote their judgments separately. Writing the judgement for himself and Justices Gavai and Surya Kant, CJI Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. “The Solicitor General stated that the statehood of Jammu and Kashmir will be restored except for the carving out of the Union Territory of Ladakh. In view of the statement, we do not find it necessary to determine whether the reorganisation of the state of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3. However, we uphold the validity of the decision to carve out the Union Territory of Ladakh in view of Article 3 (A) read with explanation 1 which permits forming a Union Territory by separation of a territory from any state. We direct that steps shall be take by the Election Commission of India (ECI) to conduct elections to the legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September, 2024. Restoration of statehood shall take place at the earliest and as soon as possible,” the CJI said.

We uphold the validity of the decision to carve out the UT of Ladakh from #JammuAndKashmir ;We direct steps shall be taken by Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024. Restoration of Statehood shall… pic.twitter.com/ErsfAFktfo

— All India Radio News (@airnewsalerts) December 11, 2023

In his concurring judgment, Justice Khanna said the purpose of Article 370 was to slowly bring Jammu and Kashmir at par with other Indian states. He directed the setting up of a truth-and-reconciliation commission to probe human rights violations both by the state and non-state actors. The Supreme Court of India reserved its verdict in the matter on 5 September after a 16-day of marathon hearing on a batch of petitions challenging the abrogation of the provisions of Article 370. With inputs from PTI