In a landmark verdict on Article 370, the Supreme Court of India has mandated the central government to organize elections in Jammu and Kashmir by September 30, 2024. The Chief Justice of India, reading the judgment, emphasized the restoration of statehood at the earliest.
The court found no flaws in the exercise of power under Article 370(3) by the President, who issued the order in August 2019. The ruling confirmed the validity of the Presidential power, stating that it persists even after the dissolution of the J&K Constituent Assembly. The Constituent Assembly’s recommendation was deemed non-binding, considering it was intended to be a temporary body.
Article 370, seen as an interim arrangement due to wartime conditions in the state, was acknowledged as a temporary provision. The judgment highlighted the textual indication of its temporariness, as reflected in the marginal note.
This verdict follows the 2019 abrogation of Article 370, where the central government, on August 5, 2019, revoked the special status of Jammu and Kashmir, dividing the region into two union territories. The five-judge constitution bench delivered the judgment after hearing arguments for 16 days, asserting the constitutionality of the decision to abrogate Article 370.
