New Delhi, 11 December (HS): A Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud on Monday unanimously upheld the Central government?s 2019 decision to abrogate Article 370 of the Constitution, which conferred special status on the erstwhile State of Jammu and Kashmir (J&K).
The Bench pointed out that Article 370 was a temporary provision enacted during wartime conditions and was meant to serve a transitional purpose.
The verdict, pronounced by three separate judgments, held that J&K did not retain any internal sovereignty after its integration and that the concurrence of the State Government was not required to apply the Indian Constitution to the State.
The court also upheld the carving out of Ladakh as a union Territory but did not adjudicate upon the validity of the reorganisation of J&K into a union Territory, considering the government’s plan to restore its statehood. The court also directed the Election Commission to conduct elections for J&K Legislative Assembly by September 30, 2024.
Justice S.K. Kaul, in his concurring judgment, recommended the constitution of an impartial Truth and Reconciliation Commission to investigate and report on human rights violations by both state and non-state actors since the 1980s.
The Commission has been tasked to suggest measures for reconciliation in a time-bound manner. This landmark decision by the Constitution Bench reaffirms the supremacy of the Indian Constitution and paves the way for full integration of Jammu and Kashmir with the rest of India.
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