"The Supreme Court's Constitution bench is set to announce its verdict on a series of petitions challenging the abrogation of Article 370 and the division of the former state of Jammu and Kashmir into two Union territories on Monday, December 11. The five-judge constitution bench, led by Chief Justice of India DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, will deliver the judgment today.
On September 5, the apex court reserved the judgment after a 16-day hearing. The central government defended its decision to abrogate Article 370, asserting that there was no "constitutional fraud" in repealing the provision granting special status to Jammu and Kashmir. Attorney General R Venkataramani and Solicitor General Tushar Mehta represented the Centre during the proceedings.
The government argued that Jammu and Kashmir was not the only state to accede to India through instruments of accession; many other princely states joined India post-independence with conditions. These states, after merging, saw their sovereignty absorbed into that of India. The Centre emphasized that Jammu and Kashmir's status as a Union Territory is temporary, with plans to restore its statehood, while Ladakh will remain a Union Territory.
Senior advocate Kapil Sibal, representing the petitioners, contended that Article 370 had become permanent after the dissolution of the Constituent Assembly of Jammu and Kashmir. He argued that Parliament could not have declared itself the legislature of J-K to facilitate the abrogation, citing constitutional limitations.
The Jammu and Kashmir High Court Bar Association told the Supreme Court that the Maharaja of Jammu and Kashmir acceded to India's sovereignty over the territory, but not his sovereign power to rule and govern the state. The Central government justified the decision to abolish Article 370, claiming that since 2019, the region has experienced an "unprecedented era of peace, progress, and prosperity" after the abrogation.
The Constitution Bench heard a batch of petitions challenging the abrogation of Article 370 and the bifurcation of the state into two Union Territories. Various petitions were filed by private individuals, lawyers, activists, politicians, and political parties challenging the Jammu and Kashmir Reorganisation Act, 2019. The Act split Jammu and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh. On August 5, 2019, the Central government announced the revocation of Jammu and Kashmir's special status granted under Article 370."