LIVE | Not just a judgment, but beacon of hope: PM Modi on Art 370 ruling
5-judge Constitution Bench presided by CJI DY Chandrachud asks EC to take steps to hold elections in Jammu and Kashmir by Sept 30, 2024
The Supreme Court on Monday (December 11) upheld the Centre's decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
The apex court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest.
Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it.
The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir on August 5, 2019. On that day, the government abrogated Article 370 and bifurcated the state into two union territories – Jammu and Kashmir, and Ladakh.
For a detailed explanation of the petitions filed against the abrogation over the years, read here.
The Federal has written extensively on Jammu & Kashmir – from 1947 when it was integrated with India till now. We've compiled a list for you here.
Live Updates
- 11 Dec 2023 11:43 AM IST
Hold polls in J&K by September 30, 2024: SC
SC directs EC to take steps to hold elections in J&K by September 30, 2024. - 11 Dec 2023 11:34 AM IST
SC directs EC to conduct J&K polls
The court directs the Election Commission (EC) to take steps to conduct elections for J&K, restoration of statehood for J&K (not Ladakh) at the earliest. It also upholds carving out of Ladakh as a separate UT and leaves open the question of whether Parliament can convert a State to a UT. - 11 Dec 2023 11:31 AM IST
SC on Article 367
SC holds Article 367 to be an interpretative clause (as opposed to a substantive clause claimed by the govt) and says such clause cannot be used to bypass the specific route stipulated for a Constitutional amendment. - 11 Dec 2023 11:30 AM IST
'Government's intent for modifying Article 370 not mala fide'
SC says government's intent for modifying Article 370 not mala fide.
It also says concurrence of the State government of J&K was not required to apply all provisions of the Constitution to J&K using Article 370 (1) (d).
SC holds using Constitutional Order 272 to modify Article 367 was Ultra Vires of Article 370.
It says Amendments made to Article 370 (3) by recourse to Article 367 were Ultra Vires.
- 11 Dec 2023 11:23 AM IST
'Abrogation of Article 370 was culmination of integration process of J&K'
SC: Abrogation of Article 370 was culmination of integration process of J&K with the Indian Union following a gradual process of constitutional integration over a period of 70 years. - 11 Dec 2023 11:22 AM IST
'Article 370 had ceased to exist once Constituent Assembly of J&K ceased to exist'
SC: Special status under Article 370 had ceased to exist once the Constituent Assembly of J&K ceased to exist.It says the reason the Article continued to exist was because of the situation in the state.SC holds Constitutional Order 272 valid. - 11 Dec 2023 11:19 AM IST
SC on power of President
SC rules that the power of the President under Article 370 (3) to issue notification for ceasing operation of Article 370 subsists even after the dissolution of the Constituent Assembly. - 11 Dec 2023 11:14 AM IST
SC holds Article 370 is a temporary provision of the Constitution
SC rules J&K did not retain sovereignty after accension to India.
The apex court also rules every decision taken by the Union on behalf of a State during President Rule needn't be open to judicial challenge as it would bring administration to a halt. It adds a reasonable nexus must exist in the exercise of powers under Article 356 and the objective of the Presidential proclamation.
SC also rejects arguments by petitioners that the Union can't take actions with irreversible consequences for a State during President's Rule.
SC holds Article 370 is a temporary provision of the Constitution.
- 11 Dec 2023 11:07 AM IST
SC on President's Rule in J&K
The Supreme Court says it is not adjudicating on whether the proclamation of President's Rule in J&K in December 2018 and the subsequent dissolution of the J&K Assembly were valid saying these were not specifically challenged in the petitions and the Presidential proclamation was anyway withdrawn in October 2019.
