The Supreme Court on Monday upheld the government’s decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year. The apex court also directed that statehood to the union territory of Jammu and Kashmir be restored at the earliest. Writing the judgement for himself and Justices Gavai and Surya Kant, Chief Justice of India D Y Chandrachud said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it. The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir on August 5, 2019. On that day, the government abrogated Article 370 and bifurcated the state into two union territories — Jammu and Kashmir, and Ladakh. The erstwhile state does not have internal sovereignty different from other states of the country, the CJI said. “… All provisions of the Indian Constitution can be applied to J-K,” the CJI said. “We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid,” the CJI said. Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, he said while pronouncing the judgment. “The Constituent Assembly of J&K was never intended to be permanent body,” the CJI stated.
