SC Rules President's Order Scrapping Article 370 In J&K Is Valid

The Supreme Court on Monday ruled that Article 370, which granted special status to Jammu and Kashmir, is a temporary provision. It held that the power of the President to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the Jammu and Kashmir Constituent Assembly.

Chief Justice of India DY Chandrachud, leading the five-judge Constitution bench, said Jammu and Kashmir does not hold internal sovereignty after it acceded to India.

"We hold it does not hold any internal sovereignty after accession to the Union of India," said Chief Justice DY Chandrachud.

The apex court, while upholding the temporary nature of Article 370, highlighted the limitations on powers following the imposition of President's Rule under Article 356.

CJI Chandrachud reiterated that Article 370 was established as an interim measure during war conditions in the state. Emphasizing its temporary nature, he referred to textual indicators within Article 370, noting its title as "temporary and transitory."

The judgment clarified that the court didn't find it necessary to adjudicate the validity of the presidential proclamation in Jammu and Kashmir as the petitioners had not directly challenged it.

The culmination of this ruling arrives four years after the initial implementation of the abrogation of Article 370.

Several petitions were filed challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019 that divided the erstwhile state into two union territories - Jammu and Kashmir, and Ladakh. The pleas were later referred to a Constitution bench in 2019.

Ahead of the verdict, the BJP emphasised the need to respect the Supreme Court ruling on Article 370, urging against politicising the matter. National Conference leader Omar Abdullah affirmed a commitment to maintaining peace in Jammu and Kashmir, even in the face of an adverse verdict, vowing to pursue their cause within legal boundaries.

PDP president Mehbooba Mufti called for the court's verdict to unequivocally declare the BJP-led central government's decision as illegal. Former CM Ghulam Nabi Azad expressed hope for a verdict favoring the people.