The Supreme Court, led by Chief Justice D.Y. Chandrachud, unanimously upheld the abrogation of Articles 370 and 35A on December 11, emphasizing that Article 370 was a temporary provision and the former State of Jammu and Kashmir did not possess internal sovereignty.
Highlighting that Article 370 constituted a facet of asymmetric federalism rather than sovereignty, the apex court clarified that the concurrence of the State government was unnecessary for applying the Indian Constitution to Jammu and Kashmir. It noted that decisions made by the Centre during Presidential rule could not be legally challenged.
The Constitution bench, including Chief Justice Chandrachud and Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, directed the Centre to restore statehood and conduct Legislative Assembly elections by September 2024. Three separate yet concurring judgments were delivered.
Chief Justice Chandrachud specified that the President had the authority, under Article 370(3), to nullify Article 370 without requiring the State Government’s concurrence. He highlighted that the challenge primarily centered on actions taken post the Proclamation’s issuance.
Justice Kaul mentioned that Article 370 aimed to align Jammu and Kashmir with other Indian States. He proposed establishing an impartial truth-and-reconciliation commission to probe human rights violations dating back to 1980.
Justice Khanna supported the judgments in his separate verdict.
Following the ruling, former Jammu and Kashmir Chief Minister Omar Abdullah expressed disappointment, stating it contradicted previous observations on Article 370’s permanence. He indicated his party’s intent to explore a review petition.
Mehbooba Mufti, People’s Democratic Party chief, asserted the region’s determination to persist in their quest for dignity and honor despite the verdict.
In contrast, the BJP, which championed the termination of Jammu and Kashmir’s special status, welcomed the decision as a positive step towards unity and progress in the region, according to Prime Minister Narendra Modi.
