Constitution Bench Decision on Article 370: What It Means for Jammu & Kashmir
- ByAdmin --
- 19 May 2025 --
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the Supreme Court of India delivered a historic verdict on the abrogation of Article 370, which had granted special status to Jammu and Kashmir (J&K). A five-judge Constitution Bench upheld the Central Government’s decision to revoke Article 370 in August 2019, declaring it constitutionally valid. This judgment marks a major shift in the constitutional and political landscape of the region.
What Was Article 370?
Article 370 of the Indian Constitution was a temporary provision that granted special autonomy to the state of Jammu and Kashmir.
Key features included:
- Separate Constitution and flag for the state
- Limited jurisdiction of Parliament to legislate for J&K
- Central laws (except in defense, foreign affairs, finance, and communications) required concurrence of the state government
- Permanent residents had special rights regarding property and employment
Background of the Case
In August 2019, the Government of India:
- Revoked Article 370 using Presidential Order C.O. 272
- Dissolved the state into two union territories: Jammu & Kashmir and Ladakh
- Passed The Jammu and Kashmir Reorganisation Act, 2019
Multiple petitions were filed challenging:
- The validity of the Presidential Orders
- The constitutionality of reorganizing a state into Union Territories
- The manner in which Article 370 was revoked without the J&K Constituent Assembly’s consent
Supreme Court’s Verdict: Key Takeaways
The Constitution Bench, led by Chief Justice D.Y. Chandrachud, upheld the Centre’s 2019 decision. Here are the key rulings:
1. Temporary Nature of Article 370
The Court reiterated that Article 370 was temporary in nature (Part XXI of the Constitution) and that the President had the power to declare its abrogation once the necessity for its application ceased.
2. J&K’s Merger is Final and Irrevocable
It ruled that Jammu and Kashmir completely merged with India post-accession in 1947. Thus, the constituent power of the J&K Constituent Assembly dissolved once its term ended in 1957.
3. Presidential Orders Were Valid
The Court found that the use of Article 367 to amend the interpretation of Article 370 was constitutional and within the President’s power.
4. Reorganisation into Union Territories
While the reorganisation of a state into two Union Territories was unprecedented, the Court upheld it, citing Article 3 of the Constitution, which allows Parliament to alter state boundaries or status.
5. Restoration of Statehood
The Court directed the Centre to restore statehood to Jammu and Kashmir “at the earliest” and to conduct legislative assembly elections by September 2024.
Relevant Legal References
- Article 370 – Special status to J&K (now abrogated)
- Article 35A – Provided special rights to J&K residents (scrapped with Article 370)
- Article 3 – Parliament’s power to reorganize states
- Article 367 – Interpretation clause used to amend the meaning of Article 370 in 2019
- Presidential Order C.O. 272 – Key order used to abrogate Article 370
- The Jammu and Kashmir Reorganisation Act, 2019
Implications of the Judgment
1. Full Integration of J&K
The ruling affirms that Jammu and Kashmir is now fully integrated into the Union of India without any special status.
2. Precedent for State Reorganisation
The judgment sets a constitutional precedent for converting a state into Union Territories under Article 3, a matter previously unclear.
3. Political and Electoral Future
The direction to conduct elections and restore statehood paves the way for democratic restoration and local governance in the region.
4. Impact on Other Special Provisions
While Article 370 was unique, this verdict may influence future debates around special provisions in the Constitution related to other states.
Criticism and Support
- Supporters hailed the decision as a move toward national integration and uniformity.
- Critics raised concerns over federalism, democratic consent, and the use of extraordinary constitutional powers.
Conclusion
The Supreme Court’s verdict on Article 370 is a defining moment in India’s constitutional journey. While it upholds the Centre’s move to abrogate the special status of Jammu and Kashmir, it also emphasizes the need for democratic processes through elections and restoration of statehood. The judgment not only shapes the legal interpretation of federalism and reorganisation but also sets the stage for the future of governance in Jammu and Kashmir.
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