Ishtiyaq Ahmad
Srinagar, Dec 11 (KNS): In a historic ruling, the Supreme Court, led by Chief Justice DY Chandrachud and comprising a five-member bench, declared Article 370 a temporary provision designed to facilitate Jammu and Kashmir's integration with India.
The court further directed the Election Commission of India to conduct assembly polls in Jammu and Kashmir by September 2024, aligning the region with other states.
News agency KNS reported that Chief Justice Chandrachud, delivering the majority verdict, affirmed the Center's decision to revoke the special status granted to Jammu and Kashmir under Article 370. He stressed that Article 370 was initially meant as a temporary measure to facilitate the region's merger with India. The court urged the equalization of Jammu and Kashmir's status with other states and called for state elections by September 30, 2024.
The bench provided three separate judgments, with Chief Justice Chandrachud, Justice BR Gavai, and Justice Surya Kant endorsing one; Justice Sanjay Kishan Kaul concurring separately, and Justice Sanjiv Khanna concurring with the other two. All five judges unanimously upheld the presidential order to scrap Article 370.
The court clarified that upon joining India, Jammu and Kashmir lost its sovereignty, and its constituent assembly ceased to exist. The J&K constituent assembly was not intended to be permanent, formed solely to frame the Constitution, with its recommendations not binding on the President.
While the special condition for Article 370 ceased with the constituent assembly disbanding, the court noted that the situation in the state justified the article's continued existence. Jammu and Kashmir, according to the court, did not possess internal sovereignty different from other states, citing examples of asymmetric federalism in Article 371A to 371J.
Article 370 had granted Jammu and Kashmir its own Constitution and decision-making authority, excluding defense, communications, and foreign affairs. Its removal terminated the state's special status, including Article 35A, which provided special rights to permanent residents.
The court refrained from examining the validity of J&K's reorganization into a Union Territory, deeming it a temporary arrangement until the restoration of statehood through elections.
The Supreme Court emphasized its lack of authority to scrutinize the President of India's determination regarding the existence of special circumstances under Article 370.
In the historical context, the court noted that constitutional integration in Jammu and Kashmir was a gradual process culminating in the application of all provisions of the Constitution of India through Article 370(1)(d). Chief Justice Chandrachud affirmed the validity of the exercise of Presidential power through CO 273, stating that it was not mala fide.
The court declared Article 370 as a temporary provision, established as an interim arrangement during wartime conditions in the state, and clarified that Jammu and Kashmir does not possess internal sovereignty distinct from other states.
Emphasizing the absence of a reference to sovereignty in the Constitution of Jammu and Kashmir, the court affirmed that the state became an integral part of India, evident from Articles 1 and 370 of the Constitution of India.
Regarding the Presidential rule imposed in Jammu and Kashmir in December 2018, the Supreme Court declined to pass judgment on its validity, citing that it was not specifically challenged by the petitioners. The court asserted that not every action taken during the proclamation under Article 356 can be subjected to challenge.
According to KNS, Prime Minister Narendra Modi welcomed the Supreme Court's endorsement, highlighting its historical significance and alignment with the government's action on August 5, 2019. He expressed confidence that the verdict reinforces unity and offers hope, progress, and solidarity to Jammu, Kashmir, and Ladakh.
Union Home Minister Amit Shah endorsed the decision, emphasizing the restoration of rights for the underprivileged and the elimination of separatism and violence. He noted the flourishing of cultural tourism and music, asserting the integral connection of Jammu, Kashmir, and Ladakh with the nation.
The Bharatiya Janata Party welcomed the Supreme Court's decision, expressing gratitude to Prime Minister Narendra Modi for integrating Jammu and Kashmir into the nation's core ideology.
IAS officer Shah Faesal affirmed that the Supreme Court's decision validated India's unity. Former student leader Shehla Rashid and others had withdrawn their pleas against Article 370's abrogation.
Former Governor Karan Singh advocated for the restoration of Jammu and Kashmir's statehood before holding assembly elections, aligning with various political figures and organizations.
It is worth mentioning that normal life remains peaceful in Jammu and Kashmir.
Although there were rumors of the house arrests of some political leaders, the Jammu and Kashmir Police clarified that there were no directives for any arrests, especially in connection with court proceedings regarding Article 370.
KNS further reported that the police emphasized that they had not received orders for any arrests related to Article 370 court proceedings by the apex court. The statement further highlighted that there were no restrictions on movement, with examinations proceeding as scheduled, businesses operating, and transportation services running smoothly. The public was encouraged to carry on with their regular routines without being bothered or influenced by contrary social media posts. (KNS)