Supreme Court Upholds Removal of Article 370, Directs Restoration of Statehood in Jammu and Kashmir

New Delhi, 11th December 2023: In a landmark decision, the five-judge Constitution bench of the Supreme Court has delivered its verdict on the petitions challenging the removal of Article 370. Chief Justice of India (CJI) Chandrachud asserted that Jammu and Kashmir is an integral part of India, deeming it inappropriate to question the Centre’s decision.

The CJI emphasized that decisions made by the Center on behalf of the state are not open to challenge, as such challenges could lead to anarchy and uncertainty, bringing the administration of the state to a standstill.

Regarding the Article 370 case, the Supreme Court clarified that Article 370 was designed for constitutional integration with the Union of Jammu and Kashmir, not dissolution. The court affirmed that the President has the authority to declare the abrogation of Article 370.

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

1. The CJI confirmed the validity of the decision taken by the President, allowing all provisions of the Indian Constitution to be applied to Jammu and Kashmir.

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

3. The Supreme Court directed the swift restoration of statehood in the Union Territory of Jammu and Kashmir.

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

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

This verdict marks a significant development in the legal landscape, providing clarity on the constitutional status of Jammu and Kashmir and outlining the path towards restoring normalcy in the region.