Supreme Court Upholds Article 370 Abrogation, But Finds One Part Flawed. India's highest court, the Supreme Court, has unanimously approved the government's decision to revoke Article 370, a special constitutional provision granting autonomy to Jammu and Kashmir. The five-judge bench, led by Chief Justice DY Chandrachud, ruled that Article 370, intended as a temporary measure, empowered the President to abolish it. Additionally, the court declared that J&K lost internal sovereignty upon joining India.
However, the verdict isn't entirely clean-cut. While upholding the abrogation itself, the court identified one part of the President's order implementing the process, titled "The Constitution (Application to Jammu & Kashmir) Order, 2019," as invalid.
To understand this nuance and the implications of the two clauses of Article 370, let's delve deeper.
Abrogation upheld: The Supreme Court unanimously approved the government's decision to revoke Article 370, granting autonomy to Jammu & Kashmir.
Technical issue: However, the Court struck down one aspect of the President's order implementing the abrogation, finding it bypassed proper procedures.
President's power: The Court affirmed the President's unilateral power to abrogate Article 370 without the dissolved Constituent Assembly's recommendation.
Statehood restoration: While upholding the abrogation, the Court urged the government to restore Jammu & Kashmir's statehood at the earliest.
Ladakh remains UT: The Court upheld the creation of the Union Territory of Ladakh, separate from J&K.
Clause-by-Clause Breakdown:
Clause (1)(d): Empowers the President to apply all Indian Constitution provisions to J&K, subject to consultation or concurrence of the state government.
Clause (3): Allows the President to revoke or modify Article 370 with the recommendation of the Constituent Assembly (now defunct).
CO 272: Amended Article 367 to reinterpret "Constituent Assembly" as "Legislative Assembly" for Article 370(3), enabling the President's action.
CO 273: Abrogated Article 370 based on the amended clause 3.
Court's Reasoning:
CO 272 invalid: The Court deemed CO 272's indirect amendment of Article 370 through Article 367 as improper and struck it down.
President's power upheld: Despite the flawed procedure, the Court acknowledged the President's unilateral power under Article 370(3) to abrogate the provision.
Integration not disintegration: The Court viewed Article 370 as promoting integration, not separation, and deemed the abrogation a natural progression.
Future Actions:
Elections: The Court directed the Election Commission to hold J&K Legislative Assembly elections by September 30, 2024.
Statehood restoration: The Court urged the government to prioritize the restoration of J&K's statehood.
Conclusion:
The Supreme Court's verdict upholds the abrogation of Article 370 but highlights a technical flaw in the process. It clarifies the President's power and emphasizes the importance of future steps like elections and statehood restoration.
