A Constitution Bench headed by Chief Justice of India (CJI) on 11th December unanimously upheld the constitutional validity of the two Presidential Orders CO (The Constitution (Application To Jammu and Kashmir) Order) 272 and 273 of August 5 and 6, 2019.
- Through these orders the entire Constitution of India was made applicable to J&K, and all provisions of Article 370 were declared inoperative.
- Article 370 of the Constitution had conferred special status on the erstwhile State of Jammu and Kashmir (J&K).
Key highlights of decision
- Article 370 is a ‘temporary provision’, and it was enacted due to wartime conditions in the State and was meant to serve a transitional purpose.
- 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 did not adjudicate upon the validity of the reorganisation of the State into the Union Territories of J&K and Ladakh . However, it upheld the carving out of Ladakh as a Union Territory.
- The court also directed the Election Commission of India to take steps to conduct elections to the 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 the violations of human rights both by the State and non-state actors since the 1980s. The Commission has been tasked to suggest measures for reconciliation in a time-bound manner.
- The Apex court noted, Article 1 of the Constitution of India provides that India is a Union of States. Article 1 references “Part III states”, and Jammu and Kashmir was listed as a Part III state (before 2019) in the First Schedule to the Constitution of India.
- Section 3 of the Constitution of Jammu and Kashmir declared that Jammu and Kashmir is an integral part of India.
- The provision read: “Relationship of the State with the Union of India: The State of Jammu and Kashmir is and shall be an integral part of the Union of India.” Section 147 of the J&K Constitution prohibited any amendment to Section 3.
