On December 11, 2023, the Supreme Court delivered its verdict on the Union government’s 2019 decision to amend Article 370 of the Constitution, a move that effectively ended the special status of the erstwhile state of Jammu and Kashmir. Here’s a breakdown of the key points and implications of this landmark judgment.
The Constitutional Bench, led by Chief Justice of India DY Chandrachud, declared the revocation of Article 370 as valid, dismissing the challenges raised in 23 petitions. The bench, consisting of Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant, had reserved its verdict on September 5, 2023, following 16 days of hearings.
CJI DY Chandrachud emphasized that Jammu and Kashmir had no internal sovereignty post its accession to India. The court found no prima facie evidence that the President’s 2019 orders were mala fide (in bad faith) or an extraneous exercise of power. While acknowledging the 2019 reorganization as a temporary measure, the court directed the Centre to restore Jammu and Kashmir’s statehood and conduct Legislative Assembly elections by the next year.
In a concurring opinion, Justice Kaul recommended the establishment of a Truth and Reconciliation Commission in Jammu and Kashmir to address alleged rights violations. This verdict marks a significant development, and the article explores the main takeaways and implications of the Supreme Court’s decision.
Stay tuned for live updates as we unravel the intricacies of the SC verdict on the abrogation of Article 370.