The Supreme Court of India on 11 December 2023, upheld the Narendra Modi-led BJP government’s decision to abrogate Article 370 that granted special status to the erstwhile state of Jammu & Kashmir.
Chief Justice of India DY Chandrachud said “We hold that Article 370 is a temporary provision. It was introduced to serve transitional purpose to serve an interim process. It was for a temporary purpose because of war conditions in the state. Textual reading also shows it is a temporary provision and thus it was placed in part 21 of the constitution.”
The CJI also noted that the Constituent Assembly of Jammu & Kashmir was never binding on the President nor was it a permanent body.
“Recommendation of the constituent assembly was not binding on the President. Constituent assembly was never intended to be permanent body and it was to operate in a period of transition. When the constituent assembly ceased to exist, the special condition for which 370 was introduced ceased to exist but the situation in the state remained and thus the article remained.“, the CJI said.
CJI Chandrachud also said “Every decision by the Centre on behalf of the state cannot be challenged. If allowed to challenge, it would lead to chaos.”
The Supreme Court ordered for steps to be taken to hold elections before September 2024 and restore the statehood as soon as possible.
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