SC on Article 370: Read the Highlights of Today’s Supreme Court Verdict

December 11, 2023

New Delhi: Today in the much-awaited verdict on the abrogation of Article 370 from Jammu and Kashmir, SC upheld the decision to scrap Article 370 by the Union government. The court also supported the bifurcation of the state into two union territories, Jammu and Kashmir and Ladakh.

The verdict from a five-judge Constitution bench led by Chief Justice of India DY Chandrachud came in response to a batch of petitions challenging the Union Government’s step of scrapping the special status of the state four years ago. SC heard the matter for 16 days straight and reserved the judgment on September 5.

Here are the Major Highlights of Supreme Court’s Judgement on Abrogation of Article 370:

• Chief Justice of India D.Y. Chandrachud said that the effect of the President declaring under Clause 370(3) that Article 370 ceases to exist is that provisions of the Constitution which apply to every other state would equally apply to the State of Jammu and Kashmir.

• CJI Chandrachud said, we have held that a textual reading of Article 370 also indicates that it is a temporary provision.

• Supreme Court’s Justice Kaul  on Monday recommended the setting up of an impartial Truth and Reconciliation Commission to investigate and report on the violations of human rights in Jammu and Kashmir.

• CJI DY Chandrachud said that the state of Jammu & Kashmir no longer retains any element of sovereignty, including internal sovereignty. Article 370, previously seen as a symbol of autonomy, is now clarified to be a feature of “asymmetric federalism” rather than sovereignty. This effectively removes any remaining legal basis for claims of J&K’s independence.

• CJI D.Y. Chandrachud said, “This Court is alive to the security concerns in the territory. Direct elections to the Legislative Assemblies, which is one of the paramount features of representative democracy in India cannot be put on hold until statehood is restored.” He added, “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible.