In a majority ruling, the Supreme Court maintained the legality of the Center’s 2019 decision to exempt Jammu and Kashmir from Article 370 of the Constitution.
Supreme Court Decision Regarding Article 370:
The Supreme Court affirmed the Center’s 2019 decision to revoke Jammu and Kashmir’s special status under Article 370 on Monday, setting a historic deadline of September 30 for the assembly elections.
Following more than a dozen petitions consenting to the revocation and the decision to divide the state into two Union Territories, Jammu and Kashmir and Ladakh, a bench of five judges, led by Chief Justice of India DY Chandrachud, unanimously issued the order.
What was the constitutional stance?
In 1947, Sheikh Abdullah, the state’s prime minister, drafted Article 370 of the constitution, granting autonomy to Jammu and Kashmir. Jawaharlal Nehru, the country’s first prime minister, approved the clause. Initially categorized as a provisional measure, it was incorporated into the Indian Constitution in October 1949.
In what ways did 1954 bring about changes?
In addition to Article 370, Article 35A gave state legislators the authority to guarantee particular rights and benefits for state permanent residents. This provision was added to the Constitution in 1954. Article 370 was repealed, however, allowing non-Kashmiris to purchase real estate in the area and eliminating local authorities over state government, employment, and college admission.
How is Kashmir portrayed differently now that 2019 is here?
In sectors including industries, healthcare, education, and tourism, the Narendra Modi administration has increased its investment in the region since 2019. It has listed the newly discovered lithium reserves in Kashmir for private mining.
According to the government, there has been a decrease in separatist violence and an increase in tourism since 2019. Earlier this year, a G20 summit on tourism was held in Srinagar, during India’s term as bloc president.
Regarding Jammu and Kashmir, what does the Supreme Court’s decision to revoke Article 370 mean?
Article 370 of the Constitution not only gave Jammu and Kashmir a special status within the Indiana Union, but it also limited the legislative authority of the Center over the state. Legislation was left to the discretion of state legislatures in all areas except finance, defense, foreign affairs, and communication.
As the petitioner did not contest the presidential proclamations announcing the president’s rule in the UT, the Supreme Court ruled on Monday that it was not necessary for it to rule on their validity. Given that the president’s rule was revoked in October 2019, the court determined that no meaningful relief could be granted.
After the J&K Constituent Assembly’s 1957 term came to an end, the five-judge constitution bench led by Justice Chandrachud addressed the issue of whether the provisions of Article 370 were only temporary or if they became permanent in the Constitution in three of its concurring rulings.
35A Article
By a presidential order issued in 1954, the old provisions of the territory regulation were carried over into Article 35A under Article 370 of the constitution. Permission to define a permanent resident of the region was granted by the article to the state legislature of Jammu and Kashmir. It made it illegal for the foreigners to move there permanently, purchase land, work for the local government, or be awarded scholarships for higher education.
The Supreme Court of India observed on Monday that the Attorney General of India had submitted that J&K would regain its statehood and that its temporary status as a Union Territory would be lifted. According to the court, it was necessary to ascertain the validity of J&K’s organization in UT in light of the SG’s submission.
