New Delhi: The Supreme Court on Monday said in a historic judgment that Article 370, which gave special status to Jammu and Kashmir, was a temporary provision.
In a much-awaited judgment, the SC delivered 3 verdicts on the legality of the Centre’s 2019 decisions to end the nearly 70-year-old special status for Jammu and Kashmir under Article 370 and bifurcate it into two union territories.
Justice DY Chandrachud said, “There are 3 judgments, one by the CJI, Justice Gavai and Surya Kant, a separate judgment concurred by Justice Khanna and a separate judgment written by Justice Kaul.”
Here’s why the CJI called Article 370 a temporary provision:
We believe that Article 370 is a temporary provision. It was introduced to serve transitional purposes to complete the interim process. This was for a temporary purpose due to the war situation in the state. The textual reading also shows that this is a temporary provision and thus it was placed in Part 21 of the Constitution.
The recommendation of the Constituent Assembly of Jammu and Kashmir was not binding on the President of India.
The Jammu and Kashmir Constituent Assembly was intended to be a temporary body.
Article 370 was for the constitutional integration of Jammu and Kashmir with the Union and it was not for dissolution and the President can declare that Article 370 has ceased to exist.
Whether Jammu and Kashmir retained sovereignty or an element of internal sovereignty when it acceded to the Union of India.
All states in the country have legislative and executive powers, albeit at different levels. Articles 371A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism.
All the provisions of the Constitution of India can be implemented in Jammu and Kashmir and no claim of application of mind can be made.
The apex court also upheld the validity of the Centre’s decision to carve out the Union Territory of Ladakh from Jammu and Kashmir. The Supreme Court directed to restore statehood in the Union Territory of Jammu and Kashmir as soon as possible. The Supreme Court also asked the Election Commission to hold Jammu and Kashmir Assembly elections by September 30, 2024.
(with inputs from agencies)