Supreme Court Validates Article 370 Abrogation: Jammu & Kashmir To Regain Statehood, Truth And Reconciliation Suggested
The five-judge Constitution bench, led by Chief Justice of India (CJI) DY Chandrachud, declared the Constitutional order that revoked Article 370 as valid.
On December 11, the Supreme Court of India delivered its verdict on the Union government's 2019 move to amend Article 370 of the Constitution, which resulted in the abrogation of the special status granted to the erstwhile state of Jammu and Kashmir. The five-judge Constitution bench, led by Chief Justice of India (CJI) DY Chandrachud, declared the Constitutional order that revoked Article 370 as valid.
Following 16 days of hearings, the bench, which also included Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant, had reserved its verdict on 23 petitions related to the matter on September 5. CJI DY Chandrachud asserted that Jammu and Kashmir held no internal sovereignty after acceding to India. The court found no prima facie evidence that the President's 2019 orders were made in bad faith or constituted an extraneous exercise of power.
Also Read: Narendra Modi Inaugurates 'Uttarakhand Global Investors Summit 2023' Fostering Global Investments
While acknowledging the reorganization of the former state into Union Territories in 2019 as a temporary measure, the court directed the Centre to work towards restoring statehood and organizing Legislative Assembly elections. Notably, this decision reflects a step towards reinstating the political autonomy of the region.
Justice Kaul, in his concurring opinion, recommended the establishment of a Truth and Reconciliation Commission in Jammu and Kashmir. This proposed commission aims to facilitate the acknowledgment of alleged rights violations in the region, fostering a process of truth-seeking and reconciliation.
In summary, the Supreme Court's verdict validated the Constitutional order revoking Article 370, emphasizing that Jammu and Kashmir lacked internal sovereignty post-accession. The court's directive for the restoration of statehood and the recommendation for a Truth and Reconciliation Commission signal potential steps toward addressing historical grievances and promoting reconciliation in the region.
