The Supreme Court of India issued a directive on Monday, urging the central government to conduct elections in Jammu and Kashmir by September 30, 2024, and to reinstate statehood promptly.
In the judgment related to Article 370, Chief Justice of India (CJI) emphasized, “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024.”
The top court upheld the validity of the exercise of power under Article 370(3) by the President, citing “no maladies” in the August 2019 order. CJI clarified, “The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly.”
He further stated, “Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that it is a temporary provision. The marginal note says it is temporary and transitory.”
The five-judge constitution bench, led by CJI Dhananjaya Y Chandrachud, delivered the verdict on the 2019 abrogation of Article 370. The court proceedings lasted for 16 days, with the judgment underlining the non-binding nature of the J&K Constituent Assembly’s recommendation on the President.
On August 5, 2019, the central government, in a historic move, revoked the special status of Jammu and Kashmir granted under Article 370, subsequently dividing the region into two union territories. The apex court reserved its judgment on September 5, 2019, after a comprehensive 16-day hearing.
The central government defended its decision to abrogate Article 370, asserting the absence of “constitutional fraud” in repealing the provision that granted special status to the former state of Jammu and Kashmir.
