Delhi: The Supreme Court of India, upheld the abrogation of Article 370 and opined it as constitutionally valid move. The Apex court delivered a landmark judgment and stated that the Indian Constitution is fully applicable to Jammu and Kashmir. The court held that the Jammu and Kashmir does not retain any sovereignty and all provisions of the Constitution are applicable to it.
CJI Justice D Y Chandrachud said that the exercise of presidential power to issue a constitutional order abrogating Article 370 of the Constitution is valid.
The SC bench headed by Chief Justice DY Chandrachud, Justices Gavai and Surya Kant directed the Election Commission to conduct elections in the Union Territory of J&K by September 30, 2024. The court also directed the Centre to restore the statehood of Jammu and Kashmir at the earliest.
The CJI in the judgement stated that Article 370 of the Constitution was a temporary provision. The SC said that the president of India has power to revoke it. Article 370, was just and interim agreement and it was abrogated on August 5, 2019, the SC said. The princely state have become the part of India, the bench said.
The bench comprising CJI, Surya Kant, Justices Gavai, Sanjiv Khanna and Sanjay Kishan Kaul, pronounced the three separate and concurring judgements. Justices Kaul and Khanna wrote their judgments separately.
