In a landmark decision, a five-member bench of the Supreme Court, led by Chief Justice DY Chandrachud, has affirmed the government’s move to revoke the special status of Jammu and Kashmir under Article 370 of the Constitution. Chief Justice Chandrachud stated that Article 370 was initially a temporary provision designed to facilitate the integration of Jammu and Kashmir into India.
The Supreme Court emphasized the need to bring Jammu and Kashmir in line with other states “at the earliest and as soon as possible.” Consequently, the court has mandated state elections to be conducted by September 30, 2024.
Addressing the historical context, the Supreme Court clarified that Jammu and Kashmir did not maintain sovereignty upon joining India, and its constituent assembly ceased to exist upon the merger. Chief Justice Chandrachud explained, “The J&K constituent assembly was not intended to be a permanent body. It was formed solely to frame the Constitution, and the recommendation of the Constituent Assembly was not binding on the President.”
This decision marks a significant development in the political landscape, setting the stage for a new chapter in Jammu and Kashmir’s governance.
