- Tuesday, February 25, 2025
The article of the Indian Constitution gave a special status to the former state of Jammu and Kashmir.
By: Shubham Ghosh
THE Supreme Court of India on Monday (11) backed the Narendra Modi government’s move to revoke Article 370 of the country’s Constitution that gave special status to the former state of Jammu and Kashmir and ordered polls there next year.
The article was a temporary provision to ease the merger of Jammu and Kashmir with India, the chief justice of the apex court, DY Chandrachud, said while reading out a majority judgment given by the court.
The court also said that Jammu and Kashmir, which is now a Union Territory (UT) ruled directly from New Delhi, should be put on par with other states “at the earliest and as soon as possible”. It also called for elections there by September 20 next year.
Read: How can temporary provision become permanent? asks India top court on Article 370
The court also said that Jammu and Kashmir did not retain sovereignty at the time of joining India and its constituent assembly did not exist after its merger with India. The top court said this while explaining its decision.
“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,” Chandrachud said.
Read: Rohit Shetty’s Singham 3 set against Article 370 backdrop: reports
The court also explained why Jammu and Kashmir continued to enjoy a special status even after it became a part of India.
“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,” it added.
“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 apex court said.
Article 370, which was scrapped by the Modi government in August 2019 sparking a backlash, gave Jammu and Kashmir its own constitution and decision-making rights for all matters except defence, communications and foreign affairs.
The apex court said it did not find it necessary to see whether the reorganisation of Jammu and Kashmir into a UT was valid since the arrangement was temporary until the polls and restoration of statehood, something the local political forces have been demanding for long.
