Supreme Court's Landmark Ruling in Article 370 Revocation in J & K

Supreme Verdict on Article 370 by Supreme Court of India

On Monday (11 December 2023), the Supreme Court affirmed the government's authority to revoke Article 370, a provision granting special status to the former state of Jammu and Kashmir. Chief Justice of India D Y Chandrachud, alongside Justices Gavai and Surya Kant, delivered the judgment, emphasizing that Article 370 was a temporary provision, subject to the president's power of revocation. The ruling also endorsed the legitimacy of the decision to establish the union territory of Ladakh, separating it from Jammu and Kashmir in August 2019.

Chief Justice Chandrachud stated that the former state of Jammu and Kashmir lacked internal sovereignty distinct from other states in the country. The court directed the initiation of measures to conduct assembly elections in the region by September 30 of the following year. This landmark decision solidifies the constitutional interpretation that Article 370 was not a permanent fixture and could be annulled by presidential authority, marking a significant legal development in the governance of Jammu and Kashmir.