Restore Statehood Of Jammu & Kashmir Soon, Hold Elections To J&K Assembly By September 2024 : Supreme Court

The Supreme Court today (11.12.2023) directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir (without the Union Territory of Ladakh). The Constitution Bench led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.

The court held that the State of J&K had no internal sovereignty and that Article 370 was a temporary provision.

The validity of the J&K Reorganisation Act 2019, which bifurcated the State of J&K into Union Territories of J&K and Ladakh, was one of the issues before the Court. However, the Court did not rule on this issue in view of the submission of the Solicitor General of India that the statehood of J&K will be restored as soon as possible. However, the Court upheld the creation of Ladakh UT as valid, holding that Article 3 of the Constitution gave the power to the Parliament to carve out a Union Territory from a State.

The issue whether an entire State could be turned into a Union Territory as per Article 3 was left open.

The court also directed that steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30, 2024. Further, it stated that the restoration of statehood shall take place as soon as possible.

 "We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024. Restoration of statehood shall take place at the earliest and as soon as possible," stated the judgment of CJI DY Chandrachud.

Other reports on the judgment can be read here.

Case Title : In Re Article 370 of the Constitution of India