Article 370 Verdict: SC asks Centre to hold elections in J-K by September 2024

The Supreme Court of India on Monday asked the central government to hold elections in Jammu and Kashmir by 30 September 2024 and restore statehood at the earliest. 

"We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024," said CJI reading judgment in Article 370 matter.

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The top court said no maladies in the exercise of power under Article 370(3) by the President to issue an August 2019 order. “Thus, we hold the exercise of Presidential power to be valid.”

“The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly. The recommendation of the Constituent Assembly was not binding on the President. J&K Constituent Assembly was intended to be a temporary body," the CJI said. 

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He added, “Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that it is a temporary provision. The marginal note says it is temporary and transitory."

The five-judge constitution bench assembled to deliver its verdict on the 2019 abrogation of Article 370. The bench comprises Chief Justice of India Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

On August 5, 2019, the Central government announced the revocation of the special status of Jammu and Kashmir granted under Article 370 and split the region into two union territories.

On September 5, the apex court reserved the judgment after hearing the arguments for 16 days.

The central government had defended its decision to abrogate Article 370, saying there was no "constitutional fraud" in repealing the provision that accorded special status to the erstwhile state of Jammu and Kashmir.