The Supreme Court of India has supported the government’s decision to revoke the special status of Jammu and Kashmir under Article 370, ordering elections in the region next year. Chief Justice DY Chandrachud explained that Article 370 was a temporary provision designed to facilitate Jammu and Kashmir’s integration into India. The court emphasized the need to treat Jammu and Kashmir on par with other states and directed elections by September 30, 2024. It clarified that the state lost sovereignty upon joining India, and the constituent assembly ceased to exist post-merger.
The court delivered three separate judgments, highlighting the end of special status with Article 370’s removal. It was explained that the special condition for Article 370 ceased with the constituent assembly, but the article persisted due to the unique situation in the state. The court cited examples of special arrangements for different states under Article 371A to 371J, emphasizing asymmetric federalism. The three-judge bench, comprising Chief Justice Chandrachud, Justice BR Gavai, Justice Surya Kant, and concurring judgments by Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, collectively supported the scrapping of Article 370.
Article 370 granted Jammu and Kashmir its constitution and decision-making rights, excluding defense, communications, and foreign affairs. The removal of Article 370 concluded the special status of the state. Additionally, Article 35A, contained within Article 370, which defined permanent residents and granted special rights like government jobs and property ownership, ceased to be applicable. The Supreme Court deemed the reorganization into a Union Territory a temporary arrangement until statehood is reinstated, expressing no need to examine its validity.