Supreme Court affirms abrogation of Article 370, mandates assembly polls by September 2024

On Monday, the Supreme Court affirmed the Union Government's decision to revoke Article 370 of the constitution, which granted special status to Jammu and Kashmir. The court asserted that decisions made by the Centre on behalf of a State cannot be legally contested. The verdict was delivered by a five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

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The bench, which was handling a series of petitions challenging the abrogation of Article 370 and the division of the state into two Union Territories, maintained that challenges to decisions made by the Centre under proclamation would paralyze the state's administration. The court emphasized that Article 370 was originally a temporary provision, noting that the Maharaja's proclamation during the formation of the Indian Constitution declared its supersession.

The Supreme Court rejected the argument that irreversible actions in the state during Presidential rule were unacceptable, emphasizing that Jammu and Kashmir did not retain sovereignty upon joining the Union of India. The court referenced the Instrument of Accession and highlighted that the state's sovereignty was surrendered through the proclamation of November 25, 1949.

CJI Chandrachud stated that the President's exercise of power under Clause 3 of Article 370, leading to its abolition, was valid and not mala fide. The court asserted that Article 370 was designed for the constitutional integration of Jammu and Kashmir with the Union and clarified that the President could declare its cessation.

Furthermore, the Supreme Court directed the Election Commission to conduct Jammu and Kashmir Assembly elections by September 30, 2024. Acknowledging the Centre's commitment to restoring the statehood of Jammu and Kashmir, the court instructed that statehood should be reinstated at the earliest.

The judgment concluded a process that began with the Central government's announcement on August 5, 2019, regarding the revocation of Jammu and Kashmir's special status under Article 370, resulting in the bifurcation of the region into two union territories. The government's decision was defended in court, arguing that there was no constitutional fraud in repealing Article 370. Attorney General R Venkataramani and Solicitor General Tushar Mehta represented the Centre, while senior advocate Kapil Sibal, representing the petitioners, contended that Article 370 had assumed permanence and could not be unilaterally abrogated by Parliament. The Supreme Court reserved its judgment on September 5, 2022, after a 16-day hearing.