Article 370 Verdict: SC upholds reorganisation of Ladakh as Union Territory
Article 370 Verdict: The Supreme Court of India upheld the reorganisation of Ladakh as a Union Territory.
Article 370 Verdict: The Supreme Court on Monday upheld the reorganisation of Ladakh as a Union Territory. The top court also asked the central government to hold elections in Jammu and Kashmir by 30 September 2024 and restore statehood at the earliest.
Writing the judgment for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it.
The erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country, he said. "... all provisions of the Indian Constitution can be applied to J-K," the CJI said.
"We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of the Constitution as valid," the CJI said.
Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, he said while pronouncing the judgment.
“The Constituent Assembly of J&K was never intended to be a permanent body,” the CJI stated.
“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.
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.
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First Published:11 Dec 2023, 12:03 PM IST
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