Supreme Court Affirms Removal of Article 370 and Calls for Swift Statehood Restoration in Jammu and Kashmir

New Delhi, 11th December 2023: In a historic ruling, the Supreme Court’s five-judge Constitution bench has reached a decision on petitions challenging the removal of Article 370. Chief Justice of India (CJI) Chandrachud underscored that Jammu and Kashmir is an integral part of India, firmly stating that questioning the Centre’s decision is inappropriate.

The CJI emphasized that challenges to decisions made by the Center on behalf of the state could result in anarchy and uncertainty, potentially bringing the state’s administration to a halt.

In the context of the Article 370 case, the Supreme Court clarified that the purpose of Article 370 was constitutional integration with the Union of Jammu and Kashmir, not dissolution. The court affirmed the President’s authority to declare the abrogation of Article 370.

Key highlights from the Supreme Court’s decision on Article 370:

1. The CJI validated the President’s decision, enabling the application of all provisions of the Indian Constitution to Jammu and Kashmir.

2. The Constituent Assembly of Jammu and Kashmir’s recommendation was declared non-binding on the President of India.

3. The Supreme Court issued a directive for the swift restoration of statehood in the Union Territory of Jammu and Kashmir.

4. Additionally, the Election Commission received instructions to take necessary steps for conducting elections to the Jammu and Kashmir Assembly by September 30, 2024.

5. The CJI clarified that the President is not obliged to issue any order on Article 370 solely based on the recommendation of the Jammu and Kashmir Constituent Assembly.

This verdict signifies a pivotal moment in the legal landscape, offering clarity on the constitutional status of Jammu and Kashmir and charting a course for the expeditious restoration of normalcy in the region.