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New Delhi: In a historic ruling on Monday, December 11, 2023, the Supreme Court, led by Chief Justice of India Justice D Y Chandrachud, upheld the Modi government’s decision to revoke Article 370 from Jammu and Kashmir over four years ago.

The 5-member Constitution Bench declared that the Union Territory possesses no “sovereignty” distinct from other states in the country.

The court emphasized that Article 370, granting special status to Jammu and Kashmir, was a temporary provision, asserting that the President of India had the authority to abrogate it. The much-anticipated verdict dismissed any claims of “mala fide” in the President’s action, invalidating challenges to the August 5, 2019, proclamation.

In a unanimous decision, the Bench rejected the argument that the consent of the people of Jammu and Kashmir was required before the central government removed Article 370, stating that no concurrence was necessary. The Chief Justice clarified that the recommendations of the Jammu and Kashmir Constituent Assembly were not binding on the President, and the Constitution of Jammu and Kashmir ceased to exist after the 2019 proclamation.

Furthermore, the court affirmed the central government’s decision to bifurcate Jammu and Kashmir, creating the separate Union Territory of Ladakh. It directed the prompt restoration of statehood to Jammu and Kashmir, overturning the UT status imposed on August 5, 2019.

The Supreme Court instructed the Election Commission to conduct Assembly elections in Jammu and Kashmir by September 30, 2024, marking a crucial step toward the democratic process in the region.

Postscript: Parliament on Monday passed the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 and the Jammu and Kashmir Reservation (Amendment) Bill, 2023 with the Rajya Sabha clearing the two bills by voice vote.