Article 370 verdict: SC directs ECI to hold elections in J&K by September 2024

In a landmark judgement the Supreme Court on Monday stressed that the statehood of Jammu and Kashmir should be restored at the earliest so that polls can be conducted to the J&K Legislative Assembly. In this regard, the apex court also directed the Election Commission of India to take steps to conduct the polls by September 30, 2024. "Restoration of statehood shall take place at the earliest and as soon as possible," said Chief Justice DY Chandrachud while reading out the judgment on a batch of pleas challenging the constitutional validity of abrogation of Article 370 in Jammu and Kashmir. "We direct that steps shall be taken so that elections are held in Legislative Assembly of J&K by September 30, 2024," he added. The Supreme Court observed that Jammu and Kashmir is an integral part of India and Maharaja Hari Singh surrendered the sovereignity of the state. The court also said that the provisions of Article 370 was a temporary provision and it was created due to war conditions.

The Supreme Court also said the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable. CJI DY Chandrachud also said, "Every decision taken by Union on behalf of State is not subject to challenge, this will lead to chaos and uncertainty and would bring the administration of the State to a standstill." The Supreme Court held that Jammu and Kashmir became an integral part of India as evident from Articles 1 and 370 of the Constitution of India. Supreme Court said that the concurrence of the State government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide. Supreme Court said, "No maladies in exercise of power under Article 370(3) by President to issue August 2019 order. Thus, we hold the exercise of Presidential power to be valid." It further said, "When Constituent Assembly of J-K ceased to exist, special condition for which Article 370 was introduced ceased to exist."The Supreme Court in its decision further has upheld the reorganisation of Ladakh as Union Territory. The Supreme Court said, "Given the Centre’s submission on the restoration of statehood of Jammu and Kashmir, it directs that statehood shall take place as soon as possible."