The Supreme Court today upheld the Centre’s move to scrap special status to Jammu and Kashmir under Article 370 of the Constitution. A five-member bench of the Supreme Court led by Chief Justice of India DY Chandrachud ruled that Article 370 was a temporary provision to ease Jammu and Kashmir’s merger with India.

The Supreme Court also ordered the Election Commission to hold election in Jammu and Kashmir by September 2024.

Jammu and Kashmir did not retain sovereignty when it joined India and its constituent assembly ceased to exist the moment it merged with India, the Supreme Court said, referring to why special status was not needed.

“The J&K constituent assembly was not intended to be a permanent body. It was formed only to frame the Constitution. The recommendation of the Constituent Assembly was not binding on the President,” the Supreme Court said.

The Supreme Court, however, explained why the state continued to enjoy special status even after its merger with India, despite the state not having “internal sovereignty”.

“When the constituent assembly ceased to exist, the special condition for which Article 370 was introduced also ceased to exist. But the situation in the state remained, and thus the Article continued,” the Supreme Court said.

“All states in the country have legislative and executive power, albeit to differing degrees. Article 371A to 371J are examples of special arrangements for different states. This is an example of asymmetric federalism… Jammu and Kashmir does not have internal sovereignty different from other states,” the Supreme Court said.

The bench gave three separate judgments – one authored by Chief Justice Chandrachud on behalf of himself, Justice BR Gavai and Justice Surya Kant; another concurring judgment by Justice Sanjay Kishan Kaul, and a third judgment concurring with the other two by Justice Sanjiv Khanna.

Article 370 gave Jammu and Kashmir its own Constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended special status to the state.

Contained within Article 370 was Article 35A, which allowed the erstwhile state to define who it acknowledged as permanent residents and gave special rights, such as government jobs and owning property.

The Supreme Court said it did not find it necessary to see whether the reorganisation of Jammu and Kashmir into a Union Territory was valid since it was a temporary arrangement until the election and restoration of statehood.

Supreme Court upholds the validity of the scrapping of Article 370 in Jammu and Kashmir. The Supreme Court cannot sit in appeal over the decision of the President of India on whether the special circumstances under Article 370 exist. History shows the gradual process of constitutional integration was not going on. It was not as if after 70 years, the Constitution of India was applied in one go. It was a culmination of the integration process. 
We direct that the restoration of statehood in the Union Territory of Jammu and Kashmir shall be done at the earliest.
We direct that steps be taken by the Election commission to conduct elections of Jammu and Kashmir Assembly by September 30, 2024.
We have held that all provisions of the Constitution of India can be applied to Jammu and Kashmir using Article 370(1)(d) in one go. We do not find the use of Presidential power to issue CO 273 was mala fide. Thus we hold the exercise of Presidential power to be valid.
The principle of consultation and collaboration was not required to be followed for the exercise of Presidential power. Concurrence of the state government was not required to apply all provisions of the Constitution using Article 370(1)(d). So the President taking the concurrence of the Union Govt was not mala fide.
We have held that Article 370 is a temporary provision. Article 370 was an interim arrangement due to war conditions in the state. 
The state of Jammu and Kashmir does not have internal sovereignty different from other states. Whether Jammu and Kashmir retained an element of sovereignty or internal sovereignty when it joined the Union of India, we have held no. 
There is a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty. That the State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India.
The Supreme Court refuses to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in December 2018 since it was not specifically challenged by the petitioners.
When a proclamation under Article 356 comes into force, countless decisions are taken by the Centre. Not every action can be challenged. 

A five-judge of the Supreme Court backed the Centre’s move to scrap Article 370 in Jammu and Kashmir, which granted the erstwhile state a special status. Chief Justice of India, DY Chandrachud-led Supreme Court bench pronounced three judgements on the matter. 

The Supreme Court ruled that Article 370 was a temporary provision to ease the merger of Jammu and Kashmir in the Union of India. The Supreme Court also directed the Election Commission of India to conduct elections in the Union Territory by September 2024. The Supreme Court upheld the validity of the Centre’s decision to carve out the Union Territory of Ladakh from Jammu and Kashmir in 2019.

Who Said What

Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad, who served as the chief minister of Jammu and Kashmir, called the verdict “sad and unfortunate” and said, the people of the region are not happy with the verdict but we have to accept it.

“The people of Jammu and Kashmir are not going to lose hope or give up. Our fight for honour and dignity will continue regardless. This isn’t the end of the road for us. This is the loss of the idea of India,” People’s Democratic Party, Mehbooba Mufti said. “The hand that you held has been wounded,” she said in a video message posted on X.

Karan Singh, a Congress leader and the son of Hari Singh, the former Maharaja of Jammu and Kashmir, said, “My sincere advice to a section of people in Jammu and Kashmir who will not be happy with this judgment is that they should accept the inevitable and they should accept the fact that now this has been done and the Supreme Court has upheld the action and therefore there’s no point now unnecessarily hitting their head against the wall.”

“Now my suggestion is that they should turn their energies towards fighting the next elections. That is where the people should now be motivated instead of developing any negativity,” he said.

Prime Minister Narendra Modi called the Supreme Court’s decision “historic” and said,  “The Court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else.”

Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and…

— Narendra Modi (@narendramodi) December 11, 2023

“The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India,” the Prime Minister posted on X.

Quoting poet Faiz Ahmed Faiz to express hope in despair, former Chief Minister of Jammu and Kashmir and National Conference leader, Omar Abdullah, said, “Disappointed but not disheartened. The struggle will continue,” adding, “It took the BJP decades to reach here. We are also prepared for the long haul.”

Dil na umeed tou nahi ⁰Na kaam hi tou hai ⁰Lambi hai gham ki shaam⁰Magar shaam hi tou hai

— Omar Abdullah (@OmarAbdullah) December 11, 2023

Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul. #WeShallOvercome #Article370

— Omar Abdullah (@OmarAbdullah) December 11, 2023

“The Supreme Court verdict on Article 370 is disappointing. Justice yet again eludes the people of Jammu and Kashmir. Article 370 may have been legally obliterated but will always remain a part of our political aspirations,” Jammu and Kashmir, Peoples Conference chief, Sajad Lone said.

The Supreme Court verdict on Article 370 is disappointing. Justice yet again eludes the people of J and K. Article 370 may have been legally obliterated but will always remain a part of our political aspirations.

In the case of statehood the Supreme Court sidestepped even…

— Sajad Lone (@sajadlone) December 11, 2023

“The BJP welcomes the decision given by the Honorable Supreme Court regarding Article 370,” BJP chief JP Nadda said.

माननीय उच्चतम न्यायालय द्वारा धारा 370 के विषय में दिये गये फ़ैसले का भारतीय जनता पार्टी स्वागत करती है। उच्चतम न्यायालय की संवैधानिक पीठ ने धारा 370 और 35A को हटाने के लिए दिए गये निर्णय, उसकी प्रक्रिया और उद्देश्य को सही ठहराया है। माननीय प्रधानमंत्री @narendramodi जी की सरकार…

— Jagat Prakash Nadda (@JPNadda) December 11, 2023

“Prime Minister Narendra Modi’s government has done the historic work of including Jammu and Kashmir in the main ideology of the country, for this I and crores of our workers express our heartfelt gratitude to the Prime Minister,” he added.

“The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity with Bharat stands reinforced,” Home Minister Amit Shah reacted on the verdict.

After the abrogation of #Article370, the rights of the poor and deprived have been restored, and separatism and stone pelting are now things of the past. The entire region now echoes with melodious music and cultural tourism. The bonds of unity have strengthened, and integrity…

— Amit Shah (@AmitShah) December 11, 2023

“Under the leadership of PM Modi, our government is committed to establishing lasting peace in Jammu and Kashmir and Ladakh and the all-around development of the region,” he added.

“The decision given by the Honorable Supreme Court regarding Section 370 and 35 A is commendable. This is going to strengthen the spirit of ‘Ek Bharat-Shreshtha Bharat’,” Uttar Pradesh Chief Minister Yogi Adityanath said.

माननीय उच्चतम न्यायालय द्वारा धारा 370 और 35 A के संबंध में दिया गया निर्णय अभिनंदनीय है। यह ‘एक भारत-श्रेष्ठ भारत’ की भावना को मजबूती प्रदान करने वाला है।

‘राष्ट्र प्रथम’ की भावना के साथ आदरणीय प्रधानमंत्री श्री @narendramodi जी के नेतृत्व में जम्मू- कश्मीर को देश की मुख्यधारा…

— Yogi Adityanath (@myogiadityanath) December 11, 2023

“Certainly, under the successful leadership of the Prime Minister, Jammu and Kashmir and Ladakh region will set new standards of good governance, development and prosperity,” he added.

In a separate ruling during the hearing of the scrapping of Article 370 in Jammu and Kashmir, Justice Sanjay Kishan Kaul called for an impartial investigation into human rights abuses in Jammu and Kashmir since the 1980s. Justice Kaul emphasised the original intent of Article 370, stating its aim was to gradually integrate Jammu and Kashmir into India.