SC Upholds Abrogation of Article 370: Historic decision on the constitutional status of J&K

The Constitution bench of the Supreme Court has delivered a historic verdict on a series of petitions challenging the abrogation of Article 370 and the bifurcation of the former state of Jammu and Kashmir into two Union territories. The apex court endorsed the government’s decision to abrogate Article 370 and emphasized the need to conduct assembly elections in the region by September 30 next year. This pivotal judgment, rendered by a five-judge constitution bench led by Chief Justice DY Chandrachud, holds profound implications for the constitutional landscape of Jammu and Kashmir.

Key Points of the Verdict:

1. Article 370 Abrogation Upheld: The Supreme Court unequivocally supported the government’s move to abrogate Article 370, which occurred on August 5, 2019. The court elucidated that Article 370 was an interim arrangement arising from war conditions in the former state.
2. Timeline for Assembly Elections: The apex court outlined a crucial timeline, directing that steps be taken to conduct elections in the Jammu and Kashmir assembly by September 30 next year. This directive underscores the court’s commitment to restoring democratic processes in the region.
3. Ladakh Reorganization Validated: The Supreme Court also upheld the reorganization of Ladakh as a Union Territory, affirming the government’s constitutional authority in restructuring the administrative divisions.
4. Constitutional Bench Composition: The landmark judgment was delivered by a five-judge constitution bench comprising Chief Justice DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. The comprehensive deliberations spanned 16 days before the bench reserved its judgment on September 5.

Government’s Perspective on Article 370:

Union Home Minister Amit Shah, in response to the verdict, highlighted that Article 370 had fueled separatism in Jammu and Kashmir, resulting in numerous casualties. Shah emphasized that the region’s history of violence was intricately linked to the provisions of Article 370, which the court has now deemed justifiably abrogated.

Future Legislative Plans:

In a parallel development, the government is gearing up to introduce bills in Parliament for the reservation of 33% seats for women in the assemblies of Union Territories, including Jammu and Kashmir. This legislative move aligns with the broader national initiative to enhance women’s representation in political bodies.

As this transformative verdict reverberates across the nation, it sets the stage for recalibrations in the constitutional framework of Jammu and Kashmir, emphasizing a commitment to democratic principles and restructuring administrative divisions for better governance.