In a historic verdict, the Supreme Court on Monday upheld the 2019 decision by the Centre to revoke the special status of the erstwhile state of Jammu and Kashmir under Article 370. The court also announced a deadline of September 30 next year for the assembly elections in the region. Article 370 of the Constitution, which granted special status to Jammu and Kashmir in the Indian Union, had restricted the Centre’s legislative powers concerning the state, allowing the state legislature to enact laws in all matters except finance, defence, foreign affairs, and communications.
The Supreme Court clarified that it would not rule on the validity of the presidential proclamations declaring President’s rule in the Union Territory, as the petitioners did not challenge them. The court noted that since President’s rule was lifted in October 2019, no material relief could be granted.
Key quotes from Supreme Court regarding Article 370 verdict include:
- Loss of Sovereignty: The state of Jammu and Kashmir does not retain any sovereignty and lacks internal sovereignty separate from the powers of other states.
- Unchallenged Proclamation: The petitioners did not challenge the proclamation; the primary challenge pertains to actions taken after the proclamation.
- Prima Facie Malafide: A person challenging the exercise of power must prove prima facie malafide (legal claim in which the evidence ahead of a trial is so overwhelming that it is enough to prove) in their case.
- Temporary Provision: The historical context of Article 370 reveals that it was intended as a temporary provision.
- Abrogation Authority: The power to abrogate Article 370 exists.
- Amendment Procedure: Article 370 cannot be amended by a procedure outside the one stipulated under 370(1)(D).
- Presidential Notification: The President can unilaterally issue a notification declaring that Article 370 has ceased to exist without the concurrence of state governments.
The Supreme Court’s decision marks a significant milestone in the constitutional history of Jammu and Kashmir, setting the stage for the region’s political future and paving the way for assembly elections by the end of September next year.
