The Supreme Court's Constitution bench on Monday upheld the abrogation of Article 370 of the Constitution while announcing its judgment on a series of petitions challenging the abrogation of Article 370 and the division of Jammu and Kashmir into two Union territories. The five-judge bench also ordered the Election Commission to hold elections in Jammu and Kashmir by September 30, 2024. While announcing the decisions, the bench, headed by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, stated, "It (SC) doesnt need to adjudicate on validity of proclamations because main challenge was to abrogation and if it can be done during president rule and even if its held proclamation could not be done, no material to say president rule cannot be invoked." The court refused to rule on the validity of the Presidential rule imposed in Jammu and Kashmir in Dec 2018.

CJI Chandrachud noted, "Every decision taken by Union on behalf of State during Presidential rule not open to challenge...this will lead to the administration of state to a standstill." Also Read: "State of J&K does not retain any element of sovereignty": Top statements by Supreme Court on Article 370  The SC also said that the reference to sovereignty remains absent in Jammu and Kashmir’s constitution. "We have held that Article 370 is a temporary provision," said the CJI "Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicate that it is a temporary provision. Marginal note says it is temporary and transitory," the CJI said. Chandrachud further stated, "Supreme Court says Article 370 was meant for the constitutional integration of Jammu and Kashmir with the Union and it was not for disintegration, and the President can declare that Article 370 ceases to exist." Also Read: Conduct elections of J&K Assembly by September 30, 2024: SC directs Election Commission The apex court had reserved its judgment on September 5 after hearing arguments for 16 days.

The central government, represented by Attorney General R Venkataraman and Solicitor General Tushar Mehta, had defended its decision to revoke Article 370, stating that there was no "constitutional fraud" in repealing the provision that granted special status to Jammu and Kashmir. The government argued that Jammu and Kashmir was not the only state whose accession to India was through instruments of accession, and that many other princely states had also joined India after independence in 1947, with conditionalities. The central government further asserted that the status of Jammu and Kashmir as a Union Territory is only temporary and that it will be restored to statehood, while Ladakh will remain a Union Territory. Senior advocate Kapil Sibal, representing the petitioners, argued that Article 370 had assumed permanence after the dissolution of the Constituent Assembly of Jammu and Kashmir, and therefore, the Parliament did not have the authority to declare itself as the legislature of Jammu and Kashmir for the purpose of abrogating Article 370. The Jammu and Kashmir High Court Bar Association contended that while acceding to India, the Maharaja of Jammu and Kashmir retained sovereignty over the territory but not the sovereign power to rule and govern the state.

The association stated that except for defense, external affairs, and communication, all powers were retained by the state to make laws and govern. In defense of the decision to revoke Article 370, the central government argued that it has led to a significant reduction in street violence, which was previously orchestrated by terrorists and secessionist networks. The government claimed that since the abrogation of Article 370 in 2019, the region has experienced an unprecedented era of peace, progress, and prosperity. The Constitution Bench heard multiple petitions challenging the abrogation of Article 370 and the bifurcation of Jammu and Kashmir into two Union Territories. These petitions were filed by private individuals, lawyers, activists, politicians, and political parties. The Jammu and Kashmir Reorganisation Act, 2019, which divided the state into Jammu and Kashmir and Ladakh, was also challenged in these petitions. On August 5, 2019, the central government announced the revocation of Jammu and Kashmir's special status granted under Article 370 and the division of the region into two union territories.

In Video: Article 370 Verdict: SC upholds constitutional validity of order scrapping J&K's special status

Credit: Independent News Pakistan (INP)