What’s Article 370? What to know about India top court verdict on Kashmir

The Supreme Court backs Prime Minister Narendra Modi’s removal of Indian-administered Kashmir’s semi-autonomy.

An Indian policeman stands guard near a cutout portrait of Indian Prime Minister Narendra Modi displayed at the main market in Srinagar, Indian controlled Kashmir.

In a major setback to Kashmiri political groups, India’s Supreme Court has upheld a 2019 decision by Prime Minister Narendra Modi’s government to revoke special status for Indian-administered Kashmir, which gave it a degree of autonomy.

The disputed Himalayan region is claimed in full although ruled in part by both India and Pakistan since their independence from Britain in 1947. The nuclear-armed neighbours have fought three of their four wars over it since then.

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The court hearings began in August on a petition filed by Kashmiri individuals and groups.

The verdict is a big boost for the governing Hindu nationalist Bharatiya Janata Party (BJP) ahead of general elections due in May. The 2019 decision by the BJP was a campaign promise to end Article 370, which granted special status to the disputed Himalayan region.

Here is all you need to know about the issue:

What does Monday’s verdict say?

In its ruling, the Supreme Court said Jammu and Kashmir should be restored to the same statehood as any other Indian state – with no separate autonomy rights – “at the earliest and as soon as possible”.

The five-judge constitutional bench of the Supreme Court ruled the region’s special status had been a “temporary provision” and removing it in 2019 was constitutionally valid.

“Article 370 was an interim arrangement due to war conditions in the state,” Chief Justice DY Chandrachud said, referring to the provision in the Indian Constitution that provided the special status after Muslim-majority Kashmir’s Hindu ruler signed an agreement in 1947 to join India.

As part of the Instrument of Accession, India allowed Kashmir to retain its own constitution, flag and criminal code. Kashmir had its own prime minister and president until 1953 when New Delhi jailed its prime minister, Sheikh Abdullah, and abolished the post in what it said were efforts to integrate the Muslim-majority region with the rest of India.

Kashmir has been at the heart of more than 75 years of animosity between India and Pakistan.

Pakistan claims Kashmir as its own territory, saying the Muslim-majority area should have been part of the new state of Pakistan, created in 1947 when British colonial rule ended in the partition of the Indian subcontinent.

The First Kashmiri War broke out soon after partition and ended in 1949 with a United Nations-mediated ceasefire that divided Kashmir into Pakistani- and Indian-administered regions.

What is Article 370?

Article 370 , which came into effect in October 1949, granted Kashmir autonomy of internal administration, allowing it to make its own laws in all matters except finance, defence, foreign affairs and communications.

The Indian-administered region established a separate constitution and a separate flag and denied property rights in the region to outsiders.

Article 35A, a further provision added to Article 370 in 1954, empowered state lawmakers to ensure special rights and privileges for permanent residents of the state.

With the repeal of Article 370, Article 35A was also scrapped, allowing non-Kashmiris to buy property in the region and raising fears that India is trying to engineer a “demographic shift” in the Muslim-majority region.

In 2019, Modi’s government also bifurcated Kashmir into two regions – Jammu and Kashmir in the west and Ladakh in the east – to be ruled directly from New Delhi. Kashmir lost its flag, criminal code and constitution enshrined in Article 370.

No regional elections have been conducted in the two regions since then, but the Supreme Court ordered Indian-administered Kashmir to hold local legislative elections by September 30 next year.

What are the reactions to this verdict?

Modi called the judgement “a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India”.

“The court, in its profound wisdom, has fortified the very essence of unity that we, as Indians, hold dear and cherish above all else,” he said in a post on X.

Challengers of his government’s 2019 decision maintained that only the Constituent Assembly of Indian-administered Kashmir could decide on the special status of the region and contested whether the Indian Parliament had the power to revoke it.

“Disappointed but not disheartened,” Omar Abdullah, a former chief minister and vice president of the Jammu & Kashmir National Conference party, posted on X. “The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul.”

Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul. #WeShallOvercome #Article370 — Omar Abdullah (@OmarAbdullah) December 11, 2023

Mehbooba Mufti, another former chief minister and president of the Jammu and Kashmir People’s Democratic Party, echoed those views. “The people of J&K are not going to lose hope or give up. Our fight for honour and dignity will continue regardless. This isn’t the end of the road for us,” she posted on X.

The people of J&K are not going to lose hope or give up. Our fight for honour and dignity will continue regardless. This isn’t the end of the road for us. pic.twitter.com/liRgzK7AT7 — Mehbooba Mufti (@MehboobaMufti) December 11, 2023

Many Kashmiris view the 2019 decision as an annexation, saying new laws were designed to change the region’s demographics. Members of minority Buddhist communities initially welcomed the move, but many of them later expressed fear of losing land and jobs in the Himalayan area.

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Explainer: What are Articles 370 and 35A?

Under the Article IoK was recognized as an independent state

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  • with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
  • (ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. Explanation.-In this article, the expression "law in force" has the same meaning as in article 372.

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Restrictions, night curfews imposed in several parts of J-K

New Delhi: The Narendra Modi government Monday took the first steps to repeal Article 370 of the Indian Constitution, which gives special status to the state of Jammu & Kashmir.

Making the announcement in the Rajya Sabha, Union Home Minister Amit Shah said an amendment to the Article had been issued through a presidential order.

ThePrint explains the implications of this presidential order.

What does the new presidential order say?

The order, called the Constitution (Application to Jammu & Kashmir) Order 2019, supersedes the Constitution (Application to Jammu and Kashmir) Order 1954, which defined the constitutional position of the state of Jammu & Kashmir vis-à-vis the Indian Union.

More importantly, the 1954 order added Article 35A, which allowed special privileges to the state’s ‘permanent residents’, as defined by the J&K legislature.

The new order, therefore, essentially scraps Article 35A.

It also amends Clause 3 of Article 370 — which allows the President to revoke Article 370 in consultation with the “constituent assembly of the state” — to substitute the expression “constituent assembly of the state” with “legislative assembly of the state”.

The next likely step may be invoking the new Article 370 (3) to declare Article 370 inoperative, with the recommendation of the legislative assembly. J&K is currently under Governor’s rule and doesn’t have a legislative assembly.

What is Article 370?

Article 370 of the Constitution provides unique status to the state of Jammu & Kashmir, laying down different laws of citizenship as well as property rights for residents. It also allowed the state to have its own constitution.

The provision specifies that the Indian Parliament needs the state legislature’s concurrence for applying any law to the state, except those concerning defence, foreign affairs, communications, and ancillary matters.

Similar provisions exist for endowing such status on certain tribal areas of the country, including those in Himachal Pradesh, Arunachal Pradesh, Andaman & Nicobar Islands, and Nagaland.

Also read: Security forces on full alert in Jammu and Kashmir, Army on standby

Is Article 370 a temporary provision?

In the Indian Constitution, Article 370 falls under “temporary provisions with respect to the state of Jammu and Kashmir”. However, it has been stated time and again by the Supreme Court as well as various high courts that Section 370 is a permanent provision.

The Jammu & Kashmir High Court had ruled in October 2015 that Article 370 cannot be annulled as clause 3 of the provision makes it clear that it is “necessary” for the President to take the recommendation of the “constituent assembly of the state” before declaring the provision inoperative.

The first step, ideally, should have been a constitutional amendment of Article 370, following the procedure laid down under Article 368, to include the changes now effected through the presidential order.

Another question is whether this provision comes under the basic structure of the Constitution, because according to the ruling in the Kesavananda Bharati case, Parliament cannot amend the basic structure of the Constitution of India. Therefore, any such amendment might be subject to judicial review.

Procedure to amend the Constitution

For the purposes of amendment, the provisions of the Constitution fall under three categories.

The category that would have overseen the amendment of Article 370(3) requires a special majority, by the procedure laid down in Article 368(2). These amendments need to be passed by both Houses with a two-thirds majority.

In addition to the special majority, it needs to be ratified by half of India’s state legislatures.

Has Article 370 been scrapped?

No. This presidential order leads to the interpretation of Article 370(3) in a way that “constituent assembly” is replaced with “legislative assembly”. So, essentially this paves the way for the repeal of Article 370 later by a presidential order.

Some say Article 370 was the only link between India and J&K. Will Article 370 revocation make J&K independent of India?

No. Home Minister Amit Shah has tabled in Parliament the Jammu & Kashmir Reorganisation Bill 2019, which seeks to make J&K a union territory with a legislature, like Delhi or Puducherry. It also seeks to make Ladakh a separate union territory.

Can the order be challenged?

Talking about the presidential order, constitutional expert and NALSAR University of Law vice-chancellor professor Faizan Mustafa said it used Article 370 to amend Article 370.

“For application of any provision of the Constitution, the President, under Article 370, can pass an order. So, they have invoked an order under Article 370 to state that all provisions of the Constitution of India shall apply to Jammu & Kashmir,” he said. “So the impact of Article 370 that Kashmir will have a special status is gone by 370 itself.

“Now, in Article 370, they are bringing some cosmetic changes like replacing ‘constituent assembly’ with ‘legislative assembly’ of the state, replacing ‘Sadr-i-Riyasat’ by ‘governor’,” he added. “But, in reality, all of these provisions will not mean much because once all the provisions of the Constitution are extended to Jammu & Kashmir, all these are irrelevant.”

As for the implications, Mustafa said the next step would be to get the legislative assembly’s recommendation to declare Article 370 inoperative.

However, constitutional expert and former Lok Sabha secretary general P.D.T. Achary said the order might be declared null and void.

“If the government plans to substitute the constituent assembly with legislative assembly of the state, they must move a Constitution amendment bill in both Houses of Parliament, which will need need two-third majority and ratification by 50 per cent of the states,” he added.

“It is only then that the President can issue such an order, as contemplated under Article 370 of the Constitution… Without this bill, the presidential order is null and void,” he said.

Mustafa, meanwhile, argued that a constitutional amendment is now “redundant as the Constitution of India is extended to the state”.

“The constitutional amendment is needed only for cosmetic changes, else they can only say that they are deleting Article 370,” he said.

Also read: Pakistan PM Imran Khan expected to meet his cabinet over J&K, could take issue to UN

This report has been updated to say J&K is currently under Governor’s rule, not President’s rule. The error is regretted.

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  • Article 370
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Though I am not a supporter of BJP and its Hindutva politics but on this point I agree with the scrapping of Article 370. Removing of the 370 is a punishment to Kashmiri leadership be it main stream or seperatists. Article 370 was misused by these leaders to foment Anti India sentiments, seperatism instead of using it an opportunity to develop the state.

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How Article 35A Returned To Spotlight In Supreme Court's J&K Hearing

Article 35a empowered jammu and kashmir's legislature to decide who the erstwhile state's permanent residents were.

How Article 35A Returned To Spotlight In Supreme Court's J&K Hearing

Supreme Court is hearing petitions challenging the decision to scrap J&K's special status

The ongoing hearing in the Supreme Court on petitions challenging the centre's 2019 decision to strip Jammu and Kashmir of its special status has brought Article 35A of the Constitution back into the spotlight.

What was Article 35A?

Article 35A empowered Jammu and Kashmir's legislature to decide who the erstwhile state's permanent residents were and to extend special rights and privileges to them. This was added to the Constitution in 1954 by a presidential order issued under Article 370.

Who were J&K's Permanent Residents?

Permanent residents were defined as those who lived in Jammu and Kashmir when the law was approved in 1954 or those who lived there for 10 consecutive years after that and own property there. Permanent Residents received a certificate s proof.

What Article 35A Changed?

This Article barred outsiders from owning property in Jammu and Kashmir. It also made them ineligible for government jobs or scholarships in state-run educational institution. Under the Article, women who married non-residents did not have the right to own property -- this changed after a 2002 court order.

What Changed In 2019?

When the centre revoked Jammu and Kashmir's special status and bifurcated it into two Union Territories in 2019, a new Presidential order was issued that applied all provisions of the Constitution to Jammu and Kashmir residents. In effect, this meant that the privileges enjoyed by Permanent Residents under Article 35A became inoperative.

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Chief Justice's Big Remark

Article 35A, now defunct, resurfaced during the Supreme Court hearing on Article 370. Chief Justice of India DY Chandrachud said in a strong remark yesterday that this provision had deprived people not residing in Jammu and Kashmir of some key constitutional rights. Equality of opportunity, employment in the state government and right to buy land -- "all this article snatches away from citizens... Because the residents (of Jammu and Kashmir) had special rights, the non-residents were excluded," he said.

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Article 370 hearing Highlights: 'Article 35A virtually snatched all fundamental rights of J&K', says CJI

India Today News Desk

The Supreme Court on Monday continued hearing the pleas challenging the abrogation of Article 370 of the Constitution that bestowed special status on the erstwhile state of Jammu and Kashmir. On Thursday, People's Conference chairman Sajad Lone said Article 370, which was struck down by the Centre in August 2019, was not responsible for the eruption of militancy in the erstwhile state but the "rigged elections" of 1987 were.

Supreme Court of India

Article 370 hearing ends for today, to resume on Tuesday

Justice Khanna: Article 356 is prescribed is three years thats the maximum and we have crossed the limit already? But what about the argument that making Ladakh ab UT is like downgrading the status by the petitioner

CJI: Please finish your arguments tomorrow, Solicitor General Tushar Mehta. We will hear you on Friday also. 

Ultimately, J&K will become a state: Solicitor General Tushar Mehta

CJI: So Parliament would then give views to itself and it would also enact the legislation for reorganization.

SG: That's the inevitable consequence.

CJI: Would that really be consistent with the federal doctrine?

Mehta: It won't destroy federalism at all, I will show it. I will show that it is still a state for all purposes. It has a legislature. Only the power of police is with the president

Mehta: The arguments by petitioners are factually wrong- that my consolidated fund is gone, representation in parliament is gone, my elections- voting in parliament is gone, GST Council is gone- specific provisions have been made. 

Mehta: It is necessary that for some time this remains under the Union as UT. The home minister in the house has said that this is a temporary measure. Ultimately, J&K will become a state. That's a separate argument.

The constitutional practice cannot obviate the legality of what is done: CJI

Mehta: Prior to the aforesaid act, some category of reservation was available only to border areas of Kashmir division. Border areas of all divisions were facing frequent attacks and shellings. There are several steps required to be taken in view of several circumstances that the nation faces These are steps as pre-cursors. Whenever there is a President's rule, parliament exercises power of state legislature under 356(1)(b) in all states.

Mehta: I have taken, till date, whichever are the acts passed by parliament acting as a legislature of state, during president's rule. The list is given. There are 248 such clauses passed.

Mehta; Even budgets of a state have been passed by the parliament acting as a state legislature. During the president's rule, parliament acting as a state legislature, even reorganized the state of Punjab.

CJI: The constitutional practice cannot obviate the legality of what is done

Mehta: Even the views are taken here. In Punjab it wasn't done

Article 370 hearing live: Quotes from Solicitor General Tushar Mehta's argument

Solicitor General Tushar Mehta: But if there is no challenge and you raise a plea that the governor should never have dissolved, it becomes a political argument.

Mehta: Whenever a presidential proclamation is issued, proviso to article 356 is suspended in each and every case we have studied all such proclamations in all states and not just Jammu and Kashmir. It is being said that we did something surreptitiously, as if we had some sinister plan.

Mehta: Proviso to article 3 is always suspended and it has nothing to do with committing fraud on the Constitution of India. A lot of things happened and Pulwama happened in early 2019 and it was done thinking a lot of things in mind, such as sovereignty, national security issues etc in mind. It is a well considered administrative issue and well thought of and a hasty decision was not taken.

No challenge to the dissolution of Article 370: SG

Mehta: Today, there is no challenge to the dissolution of Article 370. The petition which Mr Sibal argued, is a petition filed by two members of parliament belonging to the NCP. No challenge either to the governor's rule, president's rule, or dissolution of the legislative assembly.

Sibal: Governor rule on as challenged by a PIL which was dismissed

Mehta: But you cannot argue politically here.

Sibal: I never argue politically like this

SG, advocate Sibal argue

Sibal: Pandit Jawaharlal Nehru had opposed outsiders buying land in Jammu and Kashmir as they would come with business and it would destroy the place.

Mehta: Yes, that was a mistake indeed.

Sibal: Everything done earlier was indeed a mistake

Mehta: No, I mean not politically

Sibal: But what was the need to highlight this?

Mehta: I am only giving a reference 

Mehta Read from his written submissions

Mehta: Till 2023, the Governor's rule under Section 92 of the Constitution of Jammu and Kashmir has been imposed 8 times and the President's Rule 3 times.

Hearing resumes

Hearing in the court has resumed.

Bench rises for lunch

Bench rises for lunch, will resume hearing after at 2 pm. 

Parliament saw Article 370 as a temporary provision: Mehta

Mehta reading from the Assembly debates and Lok Sabha debate in 1964 when a private member’s bill to omit Article 370 was moved by Mr. Prakash Vir Shastri

Mehta refers to a debate to show that Parliament saw Article 370 as a temporary provision.

CJI: These are individual views. Ultimately, Mr Solicitor, these are not expressions by parliament as a collective body.

Constitution of J&K at par with legislation only: Mehta

Judges discussing

Mehta: Till now, people were convinced by those who guide them that this isn't a hindrance in your progress, it's a privilege you fight for.

Mehta: The High Court judges who were appointed to the High Court of Jammu and Kashmir used to take oaths on the Constitution of the state. Though they were discharging duties under the constitution of India, the oath was on the constitution of the state. The Constituent Assembly is not a law-making body in that sense. My submission is that the Constitution of Jammu and Kashmir is at par with legislation only. It's not a kind of a Constitution as we understand, not a document of governance.

CJI speaks on 16 (1) and 35(A)

CJI: While 16(1) was preserved, 35A took away that fundamental right, so all three fundamental rights and power of judicial review were essentially taken away by Article 35A.

SG: Look at the matter from the point of view of the people of Jammu and Kashmir. It brought them at par with other countrymen as well till now people were convinced that Article 370 is not a hindrance to your progress and cannot be removed that is what is very sad, now with no 35A investments coming, now policing with central govt, tourism has started, 16 lakhs tourists have come till now and is generating employment for the mass as well.

Article 35A virtually took away all fundamental rights of J&K: CJI

Mehta: A separate category of permanent residents was created and any law that provides for this kind of special privilege would not be hit either by Article 14 or Article 19 or any part of the Constitution. 

CJI: Article 35A virtually took away all fundamental rights of Jammu and Kashmir. See the 1954 order, it applied to the entirety of part 3 of the Indian constitution and therefore Articles 16 and 19 applied to those. If you look at the 1954 order, it applies part III, but you bring in article 35A which creates an exception under three areas: employment under state govt, acquisition of immovable properties and settlement in the state, though Part 3 is applicable, in the same vein when you introduce Article 35A you are taking away three fundamental rights - Article 16(1), Article 19 (1)(f) right to acquire immovable property, Article 31 and settlement in the state which was a fundamental right under 19(1)(a) thus by enacting Article 35A you virtually took away the fundamental rights.

Mehta: But employment is also right to life

CJI: There is a direct right under article 16(1) what was taken away was employment under state govt, so there were special rights for residents and take away that right for non-residents.

Mehta: Tourism is a big industry in Jammu and Kashmir. It is back on track, tourists are coming to Jammu and Kashmir and hotel industries are gaining.

Ex-Sadr-i-Riyasat of Jammu and Kashmir joins proceedings

Mehta: The government can correct itself, which we did. I am justifying that correction. I am not saying that the government and this government - it's our government.

Ex-Sadr-i-Riyasat of Jammu and Kashmir, Karan Singh virtually joins the Supreme Court proceedings on Article 370.

Mehta: The citizens apply fundamental rights against the state. And now the legislature will decide what the reasonable restrictions are. Preventive Detention and Articles 21 and 22 would not apply. It is unthinkable in any constitutionally governed civil society. Article 35C was added.

Mehta to argue to Article 238

CJI: Once Article 238 makes certain provisions of the Constitution inapplicable to Part III states, especially Jammu and Kashmir, which would be brought into force by the Constituent Assembly framing a Constitution, then it may be difficult to purely call it a legislative assembly.

Mehta; I will argue on this. Whenever a word in Article 370 becomes otiose for that post not being in existence, it is immediately replaced by its successor. Sadar-i-riyasat was replaced by the Governor etc. 

Mehta: Article 370 is a self-extinguishing provision and even during subsequent parliamentary proceedings, Article 370 was treated as a temporary one. Despite full knowledge that Article 370 is a part of the Constitution, despite having accepted in the Constituent Assembly debates of Jammu and Kashmir that it is temporary, they chose not to make any recommendation under sub-article (3)

Mehta: The effect of article 370 with 367- is that by an administrative act of the President and the Government of the State, any part of the Constitution can be amended, can be altered, can even be destroyed and not applied and new provisions can even be created in the Constitution of India. Article 35A was created, which is a part of the Constitution of India, only to be applied to the State of J&K.

Mehta: 370(1) route and 367 mechanism have been used more than once. Because 370 permits it. It stopped only after August 5, 2019. Otherwise, any provision, any Article could be removed. It was placed on a very high pedestal, even above the basic structure.

Mehta: 370 has continuously evolved depending upon the needs of that situation. Earlier it was Maharaja, then when Maharaja ceased to exist, it became Sadar-i-riyasat. Since the Constituent Assembly happened to exist, it was by recommendation

Mehta: Article 35A was created in the constitution of India only to apply to J&K. How 370 operated on the people of Jammu and Kashmir I am on it.

CJI: As per constitutional doctrine, the government of India is one single entity

SG: Mistakes of the past cannot have an effect on the future generations, we have undone the past mistakes in 2019.

Secularism, socialism amendment never adopted in J&K: CJI

Solicitor General Tushar Mehta further says, "The Constitution of India amended and inserted Article 21A- Right to Education, and this Article was never applied to Jammu and Kashmir till 2019, because this route was never followed."

CJI: Likewise you said that the Preamble Amendment of 1976 was applied with modifications. So the secularism and socialism amendment was never adopted in Jammu and Kashmir.

Mehta: Yes, even the word integrity was not applied. I will show that the J&K constitution was subordinate to the Indian Constitution.

CJI: But you said that the Constituent Assembly of Jammu and Kashmir was in the nature of a legislative assembly and not a Constituent Assembly. That, strictly speaking, there may be a problem.

Solicitor General Tushar Mehta begins his submissions

Solicitor General Tushar Mehta begins his submissions and refers to the list of states that became a part of the Dominion of India without signing a merger agreement.

"Signing a Merger Agreement was not mandatory for states to be fully integrated with India," Mehta says. 

He further reads from his written submissions and says, "Article 368 was applied, but with a provision that any amendment made in the Indian Constitution would not ipso facto apply to Jammu and Kashmir, unless applied through Art 370 route."

Supreme Court takes note of Zahoor Ahmad Bhat's suspension

The Supreme Court directs Attorney General R Venkatramani to talk to Jammu and Kashmir LG and to ascertain why Zahoor Ahmad Bhat was suspended just after he argued before the Constitution bench against the dilution of Article 370.

Arguments on suspension of Zahoor Ahmed Bhatt

Senior advocate Kapil Sibal mentions a case pertaining to Zahoor Ahmed Bhatt, when he appeared in court and got suspended a day later from the Jammu and Kashmir education department. 

Sibal: He argued on August 25 and then he got suspended. This is not fair.

Solicitor General: Everyone has the right to appear before this court. I will take a look at what needs to be done. 

Attorney General R Venkatramani: I will look into this.

Justice Gavai: The timing of the suspension is questionable.

Solicitor General: I will look into this. I am aware that his appearance in this case is not the only reason, as he has appeared in other cases as well. But be assured it will be taken care of.

Justice Kaul: Yes you have to see. 

CJI: Please get this sorted. No one can be punished for appearing before this court.

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Article 35A took away three key rights from Indians: Supreme Court

Article 35a in jammu and kashmir took away a bundle of fundamental rights of the people, the supreme court observed..

Article 35A, which granted special rights to permanent residents of the erstwhile state of Jammu & Kashmir, took away a bundle of fundamental rights of the people of India, the Supreme Court observed on Monday, while hearing the matter of the abrogation of Article 370 and the restructuring of J& K into two Union territories.

The Constitution bench is headed by Chief Justice of India Dhananjaya Y Chandrachud.(PTI file)

According to a Constitution bench headed by Chief Justice of India Dhananjaya Y Chandrachud , Article 35A , which was added to the Constitution by a Presidential Order in 1954, denuded people of at least three fundamental rights -- equality of opportunity for all citizens in public jobs under Article 16(1); acquisition of properties under Articles 19(1)(f) and 31; and right to settle in any part of the country under Article 19(1)(e).

“The 1954 Constitutional Order applied Part III (relating to fundamental rights) to J&K but in the same vein, Article 35A was created which took away three valuable fundamental rights of people by creating exception in three areas: opportunity of government employment, acquisition of property and settlement,” remarked the bench, which also comprised justices Sanjay Kishan Kaul, Sanjiv Khanna, Bhushan R Gavai and Surya Kant.

Article 35A, which was also nullified along with the abrogation of Article 370 in August 2019, accorded special rights and privileges to the natives of J&K, and empowered its legislature to frame any law without attracting a challenge on grounds of violating right to equality of people from other states or any other right under the Indian Constitution. Article 35A was added to the Constitution by exercise of power under Article 370.

Appreciating a submission by solicitor general (SG) Tushar Mehta as to how Article 35A created an artificial distinction not only between the permanent residents and other residents of J&K but also with other citizens in the country, the bench lamented that the impugned constitutional provision laid down a completely different mechanism of application of the fundamental rights.

“By Article 35A, you are taking away at least three fundamental rights. You virtually took away rights under Articles 16(1), 19(1)(f) -- as it then existed, and 19(1)(e). While 16(1) was preserved by applying Part III of the Indian Constitution, Article 35A directly took away that right. In fact, all three fundamental rights were essentially taken away by the CO of 1954,” it noted.

The bench further rued that Article 35A also took away the power of judicial review by disabling the court from scrutinising any law of J&K framed under this constitutional provision.

As the court pointed out that Article 35A came into being only after the Centre approved it, Mehta said that it was a “mistake” that the present government has tried to rectify.

Senior counsel Kapil Sibal, appearing for National Conference (NC) leader Mohammad Akbar Lone, submitted that then prime minister Jawaharlal Nehru was strictly against allowing outsiders to buy immovable properties in J&K since he though this could destroy the Valley state.

Mehta retorted that it was a mistake, and that J&K could develop only if there was enough investment made there. “Mistakes of past should not befall on future generations. I am justifying our undoing the mistakes of the past. And this continued till 2019. Please, look at this matter from the point of view of the people in J&K. Till now, people were convinced by those who were supposed to guide them that Article 370 is not a disadvantage but a privilege and that they should keep fighting for it. This is the most unfortunate part. Something, which was an impediment in full realisation of their rights and development, was tutored as a privilege,” he added.

In the clutch of matters being heard by the Constitution bench against ending the special status of J&K, there are at least two petitions, filed in 2014, that had challenged the validity of Article 35A, which now stands abrogated along with Article 370.

In its counter affidavit filed in 2015, the then J&K government had claimed that Article 35A has become a permanent feature of the Indian Constitution, adding the 1954-Presidenial Order granting special rights to permanent residents of the state has been recognised, accepted and acted upon since its enactment and cannot be challenged after six decades.

On the eleventh day of the hearing of the case, SG Mehta continued arguing on behalf of the Centre and the J&K administration. He focussed on an array of rights that were not available to the J&K residents before the entirety of the Indian Constitution was made applicable to the erstwhile state by virtue of the abrogation.

Mehta further emphasised that President’s power to reorganise a state into UTs during the imposition of the President’s Rule was not circumscribed by any constitutional provision or a precedent of the Supreme Court. “President can decide in a given situation that reorganisation is the only way to take a state out of the situation that led to the imposition of Article 356,” he argued.

At one point, the bench asked Mehta whether it would be consistent with the principles of federalism to do away with the need to obtain the views of the state legislature by making Parliament act like a state legislature during President’s Rule. Mehta assured the bench that he would be able to satisfy the legal query when he elaborates on this point on Tuesday when the hearing resumes.

The bench is seized of a raft of petitions, filed by parliamentarians from the NC, Kashmiri citizens, former bureaucrats and various organisations that have laid the challenge to the abrogation of Article 370 soon after the presidential order in August 2019. On July 3, the Supreme Court notified the setting up of a new Constitution bench, comprising its five most senior judges, that began day-to-day hearing in the case from August 2.

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Utkarsh Anand is Legal Editor at the Hindustan Times. He writes on law, judiciary and governance. ...view detail

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Book cover

Society and Politics of Jammu and Kashmir pp 53–77 Cite as

Article 370 and 35A: Origin, Provisions, and the Politics of Contestation

  • Aijaz Ashraf Wani 2 ,
  • Imran Ahmad Khan 2 &
  • Tabzeer Yaseen 3  
  • First Online: 28 November 2020

321 Accesses

In August 2019, the Indian government revoked the autonomous status of Jammu and Kashmir (J&K), protected by Articles 370 and 35A of the Indian constitution. The special provisions had been in place since October 1947, when its ruler acceded to India through a conditional Instrument of Accession. Although there has been significant media coverage of the abrogation and subsequent military siege in Kashmir, there remains scant awareness regarding the significance of the articles for Kashmiris. This chapter provides a historical account of how the articles came into existence and discusses why they were so highly contested. It allows the reader to appreciate better the implications of the abrogation of J&K’s special provisions and why such political fallout has come in its wake.

  • Jammu and Kashmir
  • Article 370
  • Article 35A
  • State subject
  • Constitutional amendments

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Wani, A.A., Khan, I.A., Yaseen, T. (2021). Article 370 and 35A: Origin, Provisions, and the Politics of Contestation. In: Hussain, S. (eds) Society and Politics of Jammu and Kashmir. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-56481-0_3

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Abrogation Of Article 35A And Article 370

  • Post author By Anshita Surana

Abrogation Of Article 35A And Article 370

The Constitution of India is the largest globally, consisting of a Preamble, 25 Parts, 12 Schedules, and 448 Articles. Among 448 articles, two articles are related to Jammu and Kashmir— Article 35A and Article 370. These articles play a vital role in maintaining law and order concerning the State of Jammu and Kashmir.

The Constitution of India provides practices, rights, powers and duties of the Citizens of India. The articles of the Constitution got adopted from various Constitutions of various countries. After finalising the Constitution, it was adopted on 26 November 1949 and came into force on 26 January 1950.

Let’s look at Article 35A and Article 370 of the Constitution of India —the Articles considering essential provisions for the State of Jammu and Kashmir.

Table of Contents

The history of the conflict and dispute over Jammu and Kashmir

Before, Independence of India in the year 1947 and the partitioning of the region into India and Pakistan. J & K was one of the states which were not under the control of the British.

The princely states that include the state of Jammu and Kashmir had an option to stay independent or be a part of any of the two dominions by Lord Mountbatten. The then Maharaja of Jammu and Kashmir decided to stay Independent of both the states. After rising against the ruler in Poonch and being invaded by a Pathan from Pakistan, Maharaja decided to turn to India for help and executed the Instrument of Accession.

Eventually, a direct conflict between India and Pakistan started until an UN-brokered ceasefire was signed on 1st January 1949. Again, In 1965, a war between Pakistan and India started over the State of Jammu and Kashmir. In 1971, India gained a territorial benefit over Kashmir during the war.

Over the years, many wars and battles took place between the countries over Jammu and Kashmir. The Government of India asserted Jammu and Kashmir as an integral part of India. And Pakistan believed it to be part of Pakistan.

Article 370

Article 370 of the Indian constitution was the temporary provision. This Article grants special status to the State of Jammu and Kashmir.

On the 17th day of October 1949, Indian Constitution included Article 370, exempting the State of Jammu and Kashmir from the Constitution of India. Only, Article 1 and Article 370 of the Constitution of India applied to the State.

Article 370 of the Constitution of India allows the State of Jammu and Kashmir to have their own Constitution. Many other laws apply to India, but the State of Jammu and Kashmir gets exempted from such laws.

Due to this Article, the J&K has total control over 94 items out of 97 items of the Union List. The centre has to take approval from the state government to implement a law for any 94 items. Thus, Jammu and Kashmir had different laws.

History of Article 370

After India’ Independence in 1947, the former ruler of Jammu and Kashmir, Maharaja Hari Singh, declared that Jammu and Kashmir would not be a part of India or Pakistan.

After the said announcement, Pakistan launched a non-official war. This war was launched to free the place from Hindu rule as more Muslims lived in the region.

When Maharaja Hari Singh was not able to protect the state, he sought help from the Government of India. The Government of India was ready to help, and the Maharaja of Kashmir agreed that Kashmir would be a part of India. And both the party, Maharaja of Kashmir and the Government of India, signed the Instrument of Accession. According to this, the accession treaty could not be amended without the consent of the state of Jammu and Kashmir. At the time of framing the Constitution of India, some important events took place, such as signing the Instrument of Accession, Ruler’s Proclamation, issued in 1948 and 1949.

Later, the Constitution of India was adopted on 17th November 1956 and came into effect on 26th January 1957. It was the only State of India to have its own Constitution and have special status.

Features of Article 370

  • The State of Jammu and Kashmir has different flags and Constitution.
  • The presidential rule cannot get imposed on the State of Jammu and Kashmir, and only the governor rule is imposed.
  • The Government of India cannot declare a financial emergency in Jammu and Kashmir, and only a National Emergency can get imposed in matters of External aggression or war.
  • The State of Jammu and Kashmir have their Criminal Code known as Ranbir Penal Code.
  • Citizens of Jammu and Kashmir have dual citizenship.

Temporary Nature of Article 370

Article 370 has a unique character in itself. The consultation of the state government is required for matters related to the application of the Central law to the State of Jammu and Kashmir. For any other matters, the State Government must agree.

Article 370 of the Constitution is temporary as the Constituent Assembly of Jammu and Kashmir can modify, delete and retain the Article. Another reason behind the article being temporary was that public voting was to know the public’s wishes.

Also, at the time of the framing, the Constitution of India Ruler’s Proclamation was issued in 1948 and 1949. The Rulers Proclamation examined the creation of the Constituent Assembly for Jammu and Kashmir to enact its own Constitution. It was noted that the Constitution of India would apply to the State of Jammu and Kashmir and other states. It ordered that once the Constitution for Jammu and Kashmir commence, it would supersede other provisions.

Legal and Constitutional status of Jammu and Kashmir before Revocation of Article 370

Article 370 of the Constitution of India gets described as a temporary provision and grants special status to the Indian Union. Under this Article, only the Union Government can make laws for Jammu and Kashmir. However, the State can only make the laws after consulting the State Government on the matters specified in the Instrument of Accession. And other laws can only be made if the state government permits through a presidential order.

The State of Jammu and Kashmir has its Constitution, adopted by the Constituent Assembly on 17th November 1956 and came into force on 26th January 1957.

Another important part of Article 370 is the power of the President to amend or repeal Article 370, which can be done if the Constituent Assembly of the State gives recommendations before the president issues notification.

Article 35A

Article 35A of the Constitution of India provides special rights and privileges to the Permanent residents of the State of Jammu and Kashmir. This article was added to the Constitution of India by Presidential Order in 1954 and got issued under Article 370 of the Constitution.

The residents of Jammu and Kashmir get special rights and privileges. According to Article 35A provision, the definition of the permanent resident of India will not change. The provision will not change even if any other provision is given in the Constitution or any other law.

It further states that this Article will not be void even if other citizens of the country feel that their right gets violated. This right is related to the employment or acquisition of immovable property in Jammu and Kashmir.

History of Article 35A

During the Treaty of Amritsar in 1846, the British Government gave the State of Jammu and Kashmir to Maharaja Gulab Singh. Jammu and Kashmir were, then, treated as the Princely State.

After the adoption of Article 370 of the Constitution of India, the citizenship of India was extended to the people of Jammu and Kashmir. The Constituent Assembly of Jammu and Kashmir contends that existing law should prevail and the state should get treated differently. To fulfil the desire of the Jammu and Kashmir leaders, Article 35A in the Constitution of India.

Significance of Article 35A

Article 35A is the outcome of the agreement between the then Prime Minister of India Jawahar Lal Nehru and the then Prime Minister of Jammu and Kashmir, Sheikh Abdullah. This agreement required Indian Citizenship law to be made applicable to Jammu and Kashmir. And to regulate the rights and privileges of the State’s permanent residents.

The then President of the Country codified the agreement, and the Constitution (Application to Jammu and Kashmir) Order, 1954 got issued. This Order added Article 35A in the Constitution of India that allowed the State of Jammu and Kashmir to define the permanent residents and rights and privileges of the state.

The supporter of the Article 35A states that it aims to preserve the identity of the Muslim majority state.

Removal of Article 370 and 35A

In 2019, the minister of home affairs, Mr Amit Shah, introduced the Jammu and Kashmir Reorganisation Bill. The Bill got introduced in the Rajya Sabha on 5th August 2019, and the Bill was passed on the same day in Rajya Sabha and passed in the Lok Sabha on 6th August 2019.

The President approved the proposed bill on 9th August 2019. Hence, the Jammu and Kashmir Reorganisation Act 2019 was passed to abrogate Article 35A and Article 370 of the Indian Constitution.

Issues faced in Revoking

Article 370 is considered the basis of the Constitutional relationship between Jammu and Kashmir and the rest of India. Article 370 was the tunnel through which the Constitution gets applied to the State of Jammu and Kashmir.

India used Article 370 at least 45 times to extend the provision of the Constitution of India to Jammu and Kashmir. The Presidential Order under Article 370 can revoke the special status of Jammu and Kashmir.

In 1954, the entire Constitution was extended to Jammu and Kashmir, including Constitutional amendments. However, it got noticed that the said overriding effect will threaten the state’s peace, which is already a hotspot of conflicts.

The revocation will completely change the scenario between the other states and the State of Jammu and Kashmir. Also, this cleared the path to override Article 35A, which allowed Indian citizens to purchase land and settle permanently in the State of Jammu and Kashmir.

The effect after revocation of Article 370

The following effect took place after revocation of Article 370:

  • Jammu and Kashmir will not have its flag.
  • No dual Citizenship will prevail in the state, and a citizen of Jammu and Kashmir will be a citizen of India.
  • Indians from other states will register themselves in the Voter’s list of Jammu and Kashmir.
  • Orders of the Supreme Court will apply to the state of Jammu and Kashmir.
  • Indian citizens will be able to purchase land in the state.
  • Parliament will have all the rights to make laws for the state.

Jammu and Kashmir is an integral part of India. The state got rights and privileges under Article 370 and Article 35A. Such rights and privileges were provided due to its unique history. But there were issues related to both the Articles. Both the Articles were related to sensitive and complex issues.

The Government of India abolished Article 370 and 35A of the Constitution of India. It was done by a presidential order passed in the form of the Jammu and Kashmir Reorganisation Act 2019. By the said act Indian Government cancelled the special status provided to Jammu and Kashmir.

How did Article 35A of the Indian Constitution come into existence?

Article 35A of the Constitution of India came into existence by the Presidential order in 1954. This article was added to the Constitution of India as a testimony of the special consideration to the permanent residents of the State of Jammu and Kashmir.

What is Article 35A of the Constitution of India?

Article 35A empowers the Legislature of Jammu and Kashmir to define the ‘permanent residence’ of the state and grant special privileges to the state.

Article 35A is related to which state?

Article 35A is related to the State of Jammu and Kashmir.

Article 35A was added to the Constitution of India by which Presidential Order?

The Presidential Order of 1954 added Article 35A.

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SC verdict on abrogation of Article 370 Explained Highlights: Everything you need to know about the landmark judgment

Sc verdict on abrogation of article 370 explained highlights: what are the judgment's implications we explain..

article 370 and article 35a

SC verdict on abrogation of Article 370 Explained Highlights: The Supreme Court gave its verdict on December 11 on the Union government’s 2019 move to amend Article 370 of the Constitution.

What did the Centre do in 2019?  The abrogation ended the special status conferred to the erstwhile state of Jammu and Kashmir and the Centre later moved to reorganise J&K into two Union Territories – Jammu and Kashmir and Ladakh.

article 370 and article 35a

What did the Supreme Court rule? The court held the Constitutional order that revoked Article 370 as valid. A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, had reserved its verdict on as many as 23 petitions in the matter on September 5 this year, after 16 days of hearings. The bench also comprised Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant.

CJI DY Chandrachud said that Jammu and Kashmir held no internal sovereignty after accession to India. He said there was no prima facie case that the President’s 2019 orders were mala fide (in bad faith) or extraneous exercise of power. While the court said the reorganisation of the erstwhile state into Union Territories in 2019 was a temporary move, it directed the Centre for the restoration of Jammu and Kashmir’s statehood and for Legislative Assembly elections to be held by next year.

Justice Kaul recommended in his concurring opinion that a Truth and Reconciliation Commission should be set up in J&K, for an acknowledgement of the acts of alleged rights violations in the region. You can read the main takeaways from the landmark verdict here . Scroll down for our explanations of different aspects of the verdict and the rest of our coverage. 

SC verdict on abrogation of Article 370 Explained Highlights: Here are the updates and explanations.

Sc verdict on abrogation of article 370 explained live: c raja mohan writes of 'a chance for india to permanently end external meddling in kashmir'.

C Raja Mohan, a senior fellow at the Asia Society Policy Institute, Delhi, and a contributing editor on international affairs for The Indian Express , writes in his opinion article: "The Supreme Court’s judgment this week, validating the abolition of Article 370 for Jammu and Kashmir and the separation of Ladakh from it — legislated by Parliament on August 5, 2019 — will make one big difference to the geopolitics of Kashmir. It ends Delhi’s prolonged defensive strategic orientation on Kashmir that emerged at the turn of the 1990s when independent India was at one of its most vulnerable moments."  Read the rest of the article here.  

SC verdict on abrogation of Article 370 Explained Live: What Justice Kaul said on a 'Truth and Reconciliation Commission'

The Supreme Court unanimously upheld the abrogation of Article 370 by the Centre in 2019 on Monday. The five-judge bench delivered three, concurring opinions on the matter, holding that the erstwhile state of Jammu and Kashmir effectively holds no special status in the Indian Union.

Justice Sanjay Kaul, in his opinion,  recommended setting up a Truth and Reconciliation Commission to look into alleged violations of human rights by both state and non-state actors in J&K. It should be based on a dialogue and not become a criminal court, he added. The idea of such commissions is not new in itself. The two best-known and most consequential commissions are considered to be the ones set up in South Africa, Australia, and Canada. In India’s neighbourhood, truth commissions have been set up in Sri Lanka and Nepal.  You can read more about them here.

SC verdict on abrogation of Article 370 Explained Live: Why Congress shifted its stance on Article 370

The Congress party initially strongly opposed the scrapping of Article 370. It had joined the Gupkar Alliance, a grouping of J&K's political parties that championed the autonomy of the erstwhile state, in calling for its restoration. But later, it distanced itself from Gupkar and nuanced its position.  While the party has remained ambivalent over the question of restoration of Article 370, it has been pressing for early polls in J&K. What explains this shift? Read here.

SC verdict on abrogation of Article 370 Explained Live: ‘Amit Shah doesn’t know history, he keeps rewriting it’, says Rahul Gandhi on Home Minister’s Nehru jibe

Congress leader Rahul Gandhi on Tuesday gave a sharp retort to Home Minister Amit Shah for his comments in the Rajya Sabha targetting Jawaharlal Nehru on the Kashmir issue and said that the BJP leader does not know history and “keeps rewriting” it.

“Pandit Nehru dedicated his life to this country. He was in jail for years, Amit Shah ji does not know history. I don’t expect that he would know history as he keeps rewriting history,” said Gandhi.  Read more here about what Shah said earlier.  

SC verdict on abrogation of Article 370 Explained Live: Who is a J&K resident? This is how successive govts defined inhabitants of erstwhile state

The central government changed the provisions defining permanent residents of Jammu and Kashmir after the constitutional changes of August 5, 2019.

Who were the ‘permanent residents’ of the state before that? 

#ExpressExplained | The central government changed the provisions defining permanent residents of #JammuAndKashmir after the constitutional changes of August 5, 2019. Who were the ‘permanent residents’ of the state before that? 👆 Visit 🔗 below to read the full explainer.… pic.twitter.com/qjGBTDUOK9 — The Indian Express (@IndianExpress) December 12, 2023

SC verdict on abrogation of Article 370 Explained Live: Urdu daily Siasat terms the judgment "last word on the issue"

Commenting on the Supreme Court Constitution Bench’s unanimous verdict upholding the BJP-led Centre’s August 2019 move to scrap Article 370, the  Hyderabad -based Siasat, in its editorial on December 12, wrote that the judgment was on expected lines. “Article 370 is history… Its revocation is now immutable. The SC verdict is the last word on the issue.” Read more on what the newspaper said here.

SC verdict on abrogation of Article 370 Explained Live: What was the reaction to the judgment in Jammu?

People from almost all professional and social strata in Jammu — traders, displaced persons from Pakistan-occupied-Kashmir (PoK), refugees, backward classes, Gujjars and Bakerwals — did not oppose the abrogation of Article 370 in August 2019.

But now, some seem to be discontented about the Centre’s move. For instance, backing the BJP’s promise of “ achhe din (good days)”, All India Confederation of SC/ST/OBC Organisations’ J&K president R K Kalsotra supported the Centre’s move. But, with Article 370 now gone, members of the Scheduled Caste (SC) community, who owned or possessed small pieces of land for agriculture, have received eviction notices from the administration. Read our report here.

SC verdict on abrogation of Article 370 Explained Live: Mehbooba Mufti says, ‘For BJP, the restoration of statehood to J&K could be just another jumla’

PDP chief and former Jammu and Kashmir Chief Minister Mehbooba Mufti told The Indian Express that SC judgment on Article 370 is a 'huge let-down... (which) has given a free licence to BJP to play with the Constitution'.

In an interview yesterday, Mufti was asked, “The apex court has set a timeframe for the J&K elections but no timeframe for restoration of its statehood. Are you hopeful that J&K will get the statehood any time soon?”

She responded: “Everyone knows the answer. I don’t think so. The BJP says a lot of things but does only what they have to do. It could be just another jumla as they call it… like they said about depositing Rs 15 lakhs in your account or creating two crore jobs. They are all jumlas.”

SC verdict on abrogation of Article 370 Explained Live: How the judgment seems to tilt the federal balance towards Centre

In ruling that Parliament can, effectively, unilaterally change the status of a state to a Union Territory if the state is under President’s rule, the Supreme Court Monday, in upholding the abrogation of Article 370 of the Constitution, seemed to tilt the federal balance in favour of the Union.  Here's how. 

SC verdict on abrogation of Article 370 Explained Live: HM Amit Shah and veteran Congress leader Digvijay speak of Kashmir, Nehru in Rajya Sabha

A fiery debate erupted in the Rajya Sabha on December 11 as Home Minister Amit Shah and Congress leader Digvijay Singh engaged in a confrontational discourse over the Kashmir issue and the legacy of former PM Jawaharlal Nehru. The discussion unfolded during deliberations on two Bills related to J&K, introduced by Shah, while Singh defended Nehru against Shah’s claims. Watch here: 

SC verdict on abrogation of Article 370 Explained Live: What was Nehru’s role in the accession of J&K to India?

While reading out his opinion on the abrogation of Article 370 yesterday, CJI Chandrachud said that Jammu and Kashmir held no internal sovereignty after it acceded to India in 1947.

BJP leaders have often blamed Jawaharlal Nehru when it comes to Kashmir and how it became a part of India. In this video, we look at Nehru’s role in the accession of Kashmir, his close relationship with Kashmir and his ties with J&K Prime Minister Sheikh Abdullah.

SC verdict on abrogation of Article 370 Explained Live: As Amit Shah invokes PoK, a history of RSS, BJP, and the region

Asserting that the Supreme Court verdict upholding the abrogation of Article 370 proved the position of the government to be correct, Union Home Minister Amit Shah said in the Rajya Sabha Monday that the government and the BJP would take full responsibility for the decision in times to come.

Shah said that there were nearly 41,000 families who came from Pakistan Occupied Kashmir (POK) during the three wars with Pakistan in 1948, 1965 and 1971. They will now have 24 seats reserved in the Assembly, he added. “We believe PoK is ours and nobody can take it from us,” Shah said amid cheers from the treasury benches.

Kashmir was one of the issues on which the founder president of the Bharatiya Jana Sangh — the predecessor and first avatar of the BJP — Syama Prasad Mookerjee, walked out of the Cabinet of Prime Minister Jawaharlal Nehru. How have the RSS and the BJS viewed the issue in the past? Click here to read the history.

SC verdict on abrogation of Article 370 Explained Live: Amit Shah blames Nehru, Farooq Abdullah reacts: "When this article (370) was brought, Sardar Patel was here..."

After the SC's judgment on Article 370, Home Minister Amit Shah said in the Rajya Sabha yesterday that India's first Prime Minister Jawaharlal Nehru made a mistake by taking the Kashmir issue to the United Nations in 1948. Shah said that without him this Bill would not be needed. He said that there were problems in  Hyderabad , Junagarh, Lakshadweep and Jodhpur, but Nehru did not go there, while Sardar Patel did. Shah said that the only place Nehru went to, he left the task half done.

J&K National Conference chief Farooq Abdullah said on Tuesday, "I don't know why they (BJP) have so much venom against (Pandit Jawaharlal) Nehru. Nehru is not the one responsible. When this article (370) was brought, Sardar Patel was here, and Pandit Nehru was in America...We want elections to take place in Kashmir, but the Supreme Court gave them time till September..."

#WATCH | J&K National Conference chief Farooq Abdullah says, "I don't know why they (BJP) have so much venom against (Pandit Jawaharlal) Nehru. Nehru is not the one responsible. When this article (370) was brought, Sardar Patel was here, and Pandit Nehru was in America...We want… pic.twitter.com/ZDF2JJoKgD — ANI (@ANI) December 12, 2023

SC verdict on abrogation of Article 370 Explained Live: Fmr Finance Minister of J&K says, "Article 370 was a social contract"

In an opinion article for  The Indian Express , the former Finance Minister of J&K Haseeb Drabu writes of yesterday's judgment: "By not overreaching in the matter, the judgment has not been informed even by the fact that underlying the constitutional provision of Article 370 was a social contract, with people as well as with states as units of a constitutional republic. Instead, the case was rather meekly argued, intently heard, and predictably disposed of."  Read his full article here.

SC verdict on abrogation of Article 370 Explained Live: What is the SR Bommai judgment, mentioned by SC in the Article 370 ruling?

Upholding the abrogation of Article 370, the Supreme Court on Monday relied heavily on its landmark 1994 judgement in SR Bommai v Union of India.

In that case, the Supreme Court interpreted Article 356 of the Constitution, which contains provisions for the imposition of President’s rule in a state. What is this case’s relevance to the SC’s latest verdict on Article 370? We explain here.

SC verdict on abrogation of Article 370 Explained Live: What SC ruled on Article 370 revocation

Yesterday, a Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud 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 respectively, by which the entire Constitution of India was made applicable to J&K, and all provisions of Article 370 were declared inoperative.

We summarise what the court said on four key issues in the challenge to the government's decisions.

Opinion | Narendra Modi writes on Article 370 verdict: Today, a clean canvas for every child in J&K

August 5, 2019, is etched in the hearts and minds of every Indian. Parliament passed the historic decision to abrogate Article 370. Since then, much has changed in Jammu, Kashmir and Ladakh. The judicial verdict came in December 2023 but seeing the wave of development across Jammu, Kashmir and Ladakh, the people’s court has given a resounding thumbs up to Parliament’s decision of abolishing Articles 370 and 35(A) for four years now. Read more

Key aspects of Article 370 verdict unpacked

The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution on Monday. Read this explainer to understand the court's view on 4 key issues: sovereignty of Jammu and Kashmir, whether Art 370 is temporary or permanent, legality of the abrogation of Article 370, and the action that was taken under President’s rule.

Delimitation to booths, all processes in place for polls

From delimination of constituencies to special summary revision of the electoral roll and “rearranging” polling stations, the preparations for holding elections in Jammu and Kashmir have been “complete” since the beginning of this year.

Stating this at a press conference on January 19, Chief Election Commissioner Rajiv Kumar had said: “The process of delimitation is complete. The process of SSR (special summary revision) is complete. The process of identifying, fixing and rearranging polling stations after delimitation is also complete. Appointment of ROs (Returning Officers) for those constituencies wherever the changes have taken place, appointment of AEROs (assistant electoral registration officers), and the entire process is complete. So, we are aware that once the process is complete, elections are due and they must be held.”

He had said the EC would take into account the weather, security concerns and other elections before deciding the dates. Read Full Report

Quoting Bommai: A tilt in federal balance towards Centre

In ruling that Parliament can, effectively, unilaterally change the status of a state to a Union Territory if the state is under President’s rule, the Supreme Court Monday, in upholding the abrogation of Article 370 of the Constitution, seemed to tilt the federal balance in favour of the Union.

Article 3 of the Constitution, that deals with formation of new states and alteration of areas, boundaries or names of existing states, requires the President to necessarily refer such a law to the state legislature concerned for “expressing its views.”

In the case of Jammu and Kashmir, the President referred the Jammu and Kashmir Reorganisation Bill, 2019, to Parliament for its views since the state was under President’s rule.

Under the President’s rule, Parliament exercised the “powers of the Legislature.” Read Full Report

article 370 and article 35a

Haseeb Drabu writes: For Kashmiris, Article 370 was was more than a law – it was an identity

Drabu writes: 'The expectation of even die-hard idealists was not from the judgment per se but the obiter dicta: The Supreme Court was expected to take a view on restoration of statehood, or perhaps a small rap on the knuckles of the Union government for constitutional infirmities. That, too, just to put it on record for posterity.' Read the full opinion 

Article 370 in J-K gave rise to separatism, promoted terrorism: Amit Shah

Hours after the   Supreme Court upheld the abrogation of Article 370 , Union Home Minister Amit Shah Monday said it had been a catalyst for separatism.

Speaking in the  Rajya Sabha after the discussion on the Jammu-Kashmir Reservation (Amendment) Bill, 2023, and Jammu-Kashmir Reorganisation (Amendment) Bill, 2023, Shah said, “Article 370 in J-K gave rise to separatism which in turn promoted terrorism.” Read the full story here 

Karan Singh interview: ‘There is no mantra in which you can put back Article 370 …

Karan Singh, the son of Maharaja Hari Singh, now 92, expresses his thoughts about the judgment, Justice S K Kaul’s suggestion of a truth and reconciliation committee to look into alleged human rights violations by both state and non-state actors in J&K, and if this will signal an end to separatist politics. Read the full interview here  

Opinion | Article 370 verdict: Better days lie ahead for Kashmiris

MN Sabharwal and Manish Sabharwal write: Both Article 370 and Article 35A were unarguably temporary. The   Supreme Court judgment upholding their abrogation along with India’s new terrorism playbook and Pakistan’s weaknesses improve the prospects of peace and prosperity in J&K. Read the full article here .  

Read PB Mehta's opinion on SC's Article 370 verdict

PB Mehta writes: Was the Modi government’s move another chapter in the betrayal of Jammu and Kashmir on which the SC has now put its seal of approval? Does the SC’s position establish potentially dangerous precedents for the rest of federalism as well as faith in its authority? Or, will this be the final and full integration of the state into India’s constitutional scheme, an improvement on the half measures that characterised the situation before the abrogation of 370? Read the full piece here 

SC verdict on abrogation of Article 370 Explained Live: What was Karan Singh’s Proclamation of 1949, cited by SC?

In his judgment, Chief Justice of India D Y Chandrachud recalled that in November 1949, Yuvraj Karan Singh, heir to the throne of Jammu and Kashmir, had issued a proclamation that reflected the “full and final surrender of [J&K's] sovereignty... to India.” What was this proclamation, and why did Karan Singh issue it? On Monday, Singh, 92, spoke to The Indian Express  about his decision to do so.

SC verdict on abrogation of Article 370 Explained Live: Why many have invoked Dr Syama Prasad Mookerjee on Article 370

Following the Supreme Court's upholding the abrogation of Article 370, many invoked Dr Syama Prasad Mookerjee (1901-53), an ardent opponent of Kashmir’s ‘special status’ in the Indian Union. Dr S P Mookerjee was an academic, barrister, and politician, and the founder of the Bharatiya Jana Sangh, precursor to the BJP . In 1952, almost five years after India’s independence, Sheikh Abdullah, J&K’s prime minister, signed the Delhi Agreement that defined the contours of J&K’s autonomy. Kashmir was allowed to fly its own flag alongside the tricolour, its land was secured against “outsiders”, and the Centre was forbidden from sending in armed forces without the state’s permission. It is at this juncture that Dr Mookerjee famously said, “ Nahin chalenge ek desh mein do vidhan, do pradhan aur do nishan (You cannot have two constitutions, do prime ministers, and two flags in one country).” Read more on his views here.

SC verdict on abrogation of Article 370 Explained Live: Security impact of Article 370 abrogation and the new concerns

Union Home Minister Amit Shah recently said in Lok Sabha that Article 370 was the foundation of secessionist sentiment in the erstwhile state of Jammu and Kashmir, and suggested that its abolition had cleared the way for end of terrorism in the Valley. According to data available with MHA till 2021, while in Jan-July 2019, 618 incidents of stone pelting were recorded in the Valley, it fell to 222 for the same period in 2020 and just 76 in 2021. But there are still concerns. a spate of killings of civilians, particularly of Kashmiri Hindus and non-Kashmiri residents of the Valley, has exposed the fragile nature of Kashmir’s security scenario. More than 50% of all civilians killed in the Valley since August 5, 2019 have been killed in the past eight months.  Read more on the changing security scenario in the region here.  

SC verdict on abrogation of Article 370 Explained Live: What is Article 370 of the Indian Constitution, abrogated in 2019?

To recall, Article 370 was included in the Indian Constitution on October 17, 1949. Constitutional law expert Faizan Mustafa wrote in The Indian Express earlier, "It exempted J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution...  For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. The IoA came into play when the Indian Independence Act, 1947 divided British India into India and Pakistan.” You can find more such articles on the basics of the legal challenge to Article 370 in our explainer here.

SC verdict on abrogation of Article 370 Explained Live: The story of J&K's accession, why India went to the UN

Last week, Union Home Minister Amit Shah again attacked India’s first Prime Minister, Jawaharlal Nehru, on the Kashmir issue,   saying in Parliament, “I say this with full responsibility that Kashmir suffered due to two blunders by Nehru. First, the ceasefire (with Pakistan) was announced when our forces were winning…before winning the whole of Kashmir. The second blunder was to take the Kashmir issue to the United Nations.” How does the story of Kashmir's accession compare with that of some other states? And why did India choose to go to the UN on the matter instead of defeating Pakistan in battle? We recalled the history, in this explainer. 

SC verdict on abrogation of Article 370 Explained Live: At the heart of legal challenge, the promise to Jammu and Kashmir by framers of Constitution

In the 16-day hearing on the matter whose verdict came out today, the Supreme Court heard arguments that the constitutional promise in Article 370 is premised on three basic guarantees — asymmetric federalism, autonomy, and consent of the people of J&K, represented through its legislature. Several states have different constitutional guarantees. These are codified in Articles 371, 371A- I for states including Andhra Pradesh, Maharashtra, Gujarat, and those in the North East. The petitioners argue that this asymmetrical federalism cannot be termed “special status”, which needs to be removed to bring J&K “on par” with the rest of India. In ruling on these issues, the Supreme Court has also defined how far Parliament can stretch the original limits set by the framers of the Constitution to suit its current needs.  Before the judgment, we laid out what its implications could be. You can read that explainer here.  

SC verdict on abrogation of Article 370 Explained Live: What Justice Kaul said in his Article 370 verdict’s ‘sentimental epilogue’

As part of what he termed a “sentimental epilogue” at the end of his opinion, Justice Kaul said that the valley of Kashmir carries a historical burden and has a social context that cannot be segregated in light of the evolving constitutional status of the region. “We, the people of Jammu and Kashmir, are at the heart of the debate,” Justice Kaul said, adding that Kashmiri people have carried the burden of being victims of conflict for several decades.  Read some of the excerpts from his opinion here . You can also watch the video linked below:

SC verdict on abrogation of Article 370 Explained Live: What the court said in the landmark verdict

The bench pronounced three judgments – one by the CJI for himself and Justices Gavai and Surya Kant, a concurring judgment by Justice Kaul and a third by Justice Khanna concurring with the other two rulings.

Read the conclusions of the judgement by CJI Chandrachud for himself and Justices Gavai and Surya Kant: *Article 370 was a feature of asymmetric federalism and not sovereignty

The State of  Jammu and Kashmir does not retain any element of sovereignty after the execution of the Instrument of Accession (IoA) and the issuance of the Proclamation dated 25 November 1949, by which the Constitution of India was adopted.

*President did not have to secure concurrence of Union or state governments

The exercise of power by the President under Article 370(1)(d) to issue CO 272 is not mala fide or malicious in its intetion. The President, in exercise of power under Article 370(3), can unilaterally issue a notification that Article 370 ceases to exist.  Read more here on the key points. 

SC verdict on abrogation of Article 370 Explained Live: After the erstwhile state was bifurcated into two Union Territories, what changed?

The state of Jammu and Kashmir was officially bifurcated into the Union Territories of J&K and Ladakh on October 31, 2019. This was the date chosen after the bifurcation was announced in Parliament on August 5. Beyond the symbolic importance — October 31 is the birth anniversary of Sardar Vallabhbhai Patel — the day marked the beginning of the functioning of the two UTs at a bureaucratic level. What changed following this decision? What happened to the domicile and land laws governing J&K? Read our explainer for more.

SC verdict on abrogation of Article 370 Explained Live: The political challenge awaiting the opposition INDIA bloc

Before the verdict, most of the parties in the Opposition INDIA alliance believed there was little chance of the top court reversing the revocation of Article 370. Most of them were already of the view that it was a “done deal” but hoped the court would restore statehood to Jammu and Kashmir and direct holding of elections. What are the views of some key members on the political challenge in front of them? Read here. 

SC verdict on abrogation of Article 370 Explained Live: What is Article 356 of the Indian Constitution, mentioned in the verdict?

One of the questions considered by the court was: “Whether the Proclamation issued under Article 356 of the Constitution of India and Section 92 of the Constitution of Jammu and Kashmir is constitutionally valid.” These formed the basis of the move to revoke Article 370. 

What is Article 356 of the Indian Constitution? According to its provisions, the President's rule in a state can be imposed for six months at a time for a maximum duration of three years. Every six months, Parliamentary approval to impose President's Rule will be required again. President’s rule was in place in J&K at the time of abrogation of Article 370. In 1989, after the Centre dismissed the SR Bommai government in Karnataka, SC had said the validity of a proclamation for President’s rule can be subjected to judicial review. Read more about the Article here.

SC verdict on abrogation of Article 370 Live: What Mehbooba Mufti, Omar Abdullah, other J&K leaders say on the verdict

Jammu and Kashmir’s regional party leaders expressed their disappointment at the judgment. Democratic Progressive Azad Party (DPAP) president and former Chief Minister of the erstwhile state of Jammu and Kashmir Ghulam Nabi Azad said: “The people of Jammu and Kashmir won’t be happy with the unanimous judgment. Article 370 and Article 35A of the Constitution represented the sentiments of our people… both have ended today. This will impact the state’s economy, our land will become expensive. Now, everyone from all over the country can come to J&K, we don’t have big industries to offer employments to everyone. Our biggest industry is tourism, which has limited jobs. There are anyway few government jobs, now everyone can apply for them, which will increase unemployment among our youth.”

Azad added, “It was a mistake to abrogate Article 370 on August 5, 2019… it was done in haste, and they should have consulted parties of Jammu and Kashmir.” PDP president Mehbooba Mufti said that people of Jammu and Kashmir should not give up hope. “The Supreme Court has said Article 370 is temporary, which is why it has been scrapped. This isn’t our loss, it’s the loss of the idea of India,” Mufti said.

Meanwhile, Omar Abdullah, vice-president of National Conference and former chief minister of J&K, said, “Disappointed but not disheartened.” Taking to X, Abdullah said, “The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul.”

Sajad Lone, former MLA of Jammu and Kashmir and a member of People’s Conference, said that “justice yet again eludes the people of J&K”.

“Article 370 may have been legally obliterated but will always remain a part of our political aspirations. In the case of statehood the Supreme Court sidestepped even commenting on it, thus protecting the entire country from any future misuse, by citing precedence. Yet the same misuse was subtly endorsed in J&K. Let us hope at a future date Justice wakes up from its slumber of pretence,” Lone said.

SC verdict on abrogation of Article Live: Devendra Fadnavis hails verdict

BJP leaders, such as Maharashtra’s Deputy Chief Minister Devendra Fadnavis, hailed the Supreme Court’s verdict on the revocation of Article 370. 

Fadnavis said, "Jammu and Kashmir is an integral part of India. There was no question of compromising the Indian territory. On the contrary, the BJP government was committed to safeguarding the interests and aspirations of the people who have always wanted the scrapping of Article 370. In any case, it was a temporary provision."

SC verdict on abrogation of Article 370 Explained: What is Truth and Reconciliation Commisssion, mentioned by Justice Kaul?

Justice Sanjay Kaul, in his opinion, recommended the setting up of a Truth and Reconciliation Commission in Jammu and Kashmir, to look into alleged violations of human rights by both state and non-state actors in J&K. It should be based on a dialogue and not become a criminal court, he added. What will the purpose of such a commission be? Which countries have had such commissions in the past? We explain here. 

SC verdict on abrogation of Article 370 Explained: Solicitor General Tushar Mehta says the adjudication as "historical and rare"

Solicitor General Tushar Mehta says today “will go down in the history of India when a himalayan constitutional blunder of the past with gigantic proportion is ultimately corrected by the Government”. "The highest court of the country, the most powerful court in the world, has stood by the constitutional values and has secured to all residents of Jammu and Kashmir their legitimate rights which they were deprived of since independence while taking care of democratic election also," he adds in a statement. 

SC verdict on abrogation of Article 370 Explained: What CJI DY Chandrachud said in his opinion on Article 370

The CJI said today that Article 370 is a temporary provision, based on a reading of the historical context in which it was included. You can watch the rest of his statements here:

SC verdict on abrogation of Article 370 Explained: Prime Minister Narendra Modi terms the verdict "beacon of hope", mentions "Naya Jammu Kashmir"

In a post on the social media platform X, Prime Minister Narendra Modi wrote, " The verdict today is not just a legal judgment; it is a beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India. #NayaJammuKashmir"

Today's Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and… — Narendra Modi (@narendramodi) December 11, 2023

SC verdict on abrogation of Article 370 Explained: 3 key points from the judgment

The Supreme Court answered some key questions in the government’s favour: One , on the ‘unique’ and ‘special status’ of Jammu and Kashmir. Two, is Article 370 a ‘temporary’ or a permanent provision of the Constitution? Three, the questions relating to the effective abrogation of Article 370.  Read how they were answered here.  

SC verdict on abrogation of Article 370 Explained: Top quotes from Supreme Court

The verdict has been read out. Here are a few key quotes from the Supreme Court on the matter. 

SC verdict on abrogation of Article 370 Explained Live: Justice Khanna reads out his separate, concurring opinion

Justice Khanna says that Article 370 is an example of asymmetric federalism and not indicative of the sovereignty of J&K. The abrogation of Article 370 does not erode federalism, he adds. 

SC verdict on abrogation of Article 370 Explained Live: Justice Kaul recommends setting up a Truth and Reconciliation Commission

Justice Kaul recommends setting up a Truth and Reconciliation Commission to look into alleged violations of human rights by both state and non-state actors in J&K. It should be based on a dialogue and not become a criminal court, he adds.  Such commissions have been set up in many countries of Latin America, Africa and elsewhere after bouts of internal strife. They are meant to probe allegations of rights abuses and help restore peace between communities through delivery of justice. 

SC verdict on abrogation of Article 370 Explained Live: Justice Kaul begins reading his concurring opinion, invokes "The people of Kashmir"

Justice Sanjay Kaul, in his opinion, says his conclusions are almost the same as the CJI. The purpose of the J&K Constitution was to ensure everyday governance in the state and the purpose of Article 370 was to integrate the state with India. He says that he has penned a 'sentimental' epilogue at the end of his opinion. The valley of Kashmir carries a historical burden and 'We the people of Jammu and Kashmir are at the heart of the debate,' Justice Kaul says. 'Armies are meant to fight battles against enemies... not to control law and order in the state. The entry of the army created its own ground realities in the state... men women and children have paid a heavy price,' he adds.

SC verdict on abrogation of Article 370 Explained Live: CJI says UT status of J&K is temporary, SC directs restoration of statehood and elections by September 2024

The CJI then speaks about the reorganisation of the erstwhile state of Jammu and Kashmir into two Union Territories – Jammu and Kashmir, and Ladakh – that followed the revocation of Article 370. He says that i n view of the Centre's submission that the UT status is temporary, the court doesn't find it necessary to determine if the reorganisation into UTs is valid. The reorganisation of Ladakh as UT is upheld. Also, the SC directs that restoration of statehood to J&K shall take place at the earliest, and steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of J&K by September 30, 2024.

SC verdict on abrogation of Article 370 Explained Live: Article 370 was a temporary provision, says CJI Chandrachud

The CJI says that Article 370 is a temporary provision on a reading of the historical context in which it was included. For more on the notion of Article 370 as such, you can click here to read our explainer.  

It served the transitional purpose to provide for an interim arrangement, till the J&K Constituent Assembly could be formed and it could ratify the Indian Constitution. Second, it served a purpose in the war-like situation prevailing in the state, he adds.

News Updates: 'Why are you denying': Omar Abdullah questions L-G's 'no one under house arrest' remark

Ahead of the Supreme Court's verdict on Article 370, the police put senior political leaders, including two former chief ministers Mehbooba Mufti and Omar Abdullah, under house arrest, sources said. Police sources said Hurriyat chairman Mirwaiz Umar Farooq has also been placed under house detention. However, Lieutenant Governor Manoj Sinha has claimed that no one has been put under house arrest or arrested “due to political reasons in J&K.” “It is an attempt to spread rumours,” he said. Responding to the L-G’s claim, Omar shared images of the chains around his house’s gate. “Dear Mr LG these chains that have been put on my gate have not been put by me so why are you denying what your police force has done. It’s also possible you don’t even know what your police is doing? Which one is it? Are you being dishonest or is your police acting independent of you?” he said.

Dear Mr LG these chains that have been put on my gate have not been put by me so why are you denying what your police force has done. It’s also possible you don’t even know what your police is doing? Which one is it? Are you being dishonest or is your police acting independent of… https://t.co/HFr2bLr7EP pic.twitter.com/b4Xye8RnoJ — Omar Abdullah (@OmarAbdullah) December 11, 2023

SC verdict on abrogation of Article 370 Explained Live: CJI Chandrachud says in his opinion that J&K did not enjoy a unique relationship with the Indian Constitution

Essentially, the CJI in his opinion does not agree that J&K enjoyed a unique relationship with the Indian Constitution. He says that the J&K Constitution does not indicate an element of sovereignty. "It was only to further the relationship with the Union which was already defined under Article 370 and the proclamation by Yuvraj Karan Singh,” he adds. 

The fact that J&K is an integral part of India is evidenced in Section 3 of the J&K Constitution itself, apart from Articles 1 and 370 of the Indian Constitution. Article 1 of the Indian Constitution says, “Indian, that is Bharat, shall be a Union of States.” Further, Article 3 of the J&K Constitution reads: "The State of Jammu and Kashmir is and shall be an integral part of the Union of India." The state's Constitution also provides that this provision cannot be amended.

SC verdict on abrogation of Article 370 Explained Live: Why J&K is held to have merged with India like any other princely state

The CJI says that the argument of the petitioners – that the Union cannot take irrevocable actions in case of President's rule – is not acceptable.

On the subject of J&K’s sovereignty, CJI Chandrachud reiterates that J&K did not retain any sovereignty after accession to India. Even though Maharaja Hari Singh issued a proclamation saying he would retain his sovereignty, his successor Karan Singh proclaimed that the Indian Constitution would prevail over all other laws in the state.

In essence, this has the effect of a merger like every other princely state that joined India after independence from British colonial rule.

SC verdict on abrogation of Article 370 Explained Live: CJI Chandrachud says J&K holds no internal sovereignty after accession to India

CJI Chandrachud says that Jammu and Kashmir holds no internal sovereignty after accession to India. While there are limitations to the President’s actions after the proclamation of President’s rule, in this case, they are valid.

The President and Parliament are not impeded to take over as Governor/State Legislature after the proclamation of President’s rule under Article 356, he adds. There was no prima facie (on the face of it) case that the President's orders were mala fide (in bad faith) or extraneous exercise of power, the CJI says. 

SC verdict on abrogation of Article 370 Explained Live: SC frames questions

Here are the questions as framed by the SC: 1. Whether Article 370 is temporary or has gained permanent stature in the Constitution. 2. Whether Parliament‘s move to amend Article 370 in 2019 and give the words “Constituent Assembly of Jammu and Kashmir” a new meaning as “Legislative Assembly of Jammu and Kashmir” is constitutionally valid. 3. Whether the entire Constitution of India could be made applicable to Jammu and Kashmir by using Article 370 itself. 4. Whether the Centre’s 2019 actions are permissible without a recommendation of the constituent assembly of Jammu and Kashmir. 5. Whether the imposition of the President’s rule in Jammu and Kashmir and the dissolution of the Jammu and Kashmir assembly subsequently is constitutionally valid. 6. Whether the reorganisation of Jammu and Kashmir is constitutionally valid without the consultation of the state. 7. Whether the President’s actions on behalf of the J&K legislature are constitutionally valid.

SC verdict on abrogation of Article 370 Explained Live: CJI DY Chandrachud begins reading out the verdict

CJI DY Chandrachud begins reading out the judgment. There are three opinions – one by the CJI for himself, Justice Suryakant and Justice BR Gavai. Justice Sanjay Kishan Kaul and Justice Sanjeev Khanna have authored separate, concurring opinions for themselves.

SC verdict on abrogation of Article 370 Explained: How has the situation in Jammu and Kashmir changed since August 2019?

Significant changes have happened after the abrogation of Article 370 in the erstwhile state:  *Politics: Almost all major opposition leaders were either detained or had their movements curtailed after the abrogation of Article 370. With political actions by mainstream parties frozen, new outfits emerged, and several leaders changed loyalties.   *Security:  Security forces in Jammu and Kashmir have expanded the scope of anti-terror operations to include various agencies in attacking not just the militant wielding the gun but what they consider, “larger terror networks and funding structures.” Here, we explain what the data says on encounters, attacks on civilians, etc.  * Administrative changes:  All central laws became applicable in J&K, and the erstwhile state’s own constitution became defunct. Read more here.  

SC verdict on abrogation of Article 370 Explained: What other decisions by the Centre it will impact?

From delimitation in Jammu and Kashmir to voting rights to West Pakistan Refugees, a host of decisions will be impacted by the SC verdict on pleas challenging the changes made to Article 370. Here are the crucial ones.

SC verdict on abrogation of Article 370 Explained: Was Article 370 meant to be a 'temporary' provision?

While tabling the bill in Parliament four years ago, Home Minister Amit Shah had said, “Article 370 was a temporary provision… how long can a temporary provision be allowed to continue… After abrogation of Article 370, Jammu and Kashmir will truly become an integral part of India.” Article 370 is in Part XXI of the Constitution, titled “Temporary, Transitional and Special Provisions”. Article 370 is titled “Temporary provisions with respect to the State of Jammu and Kashmir”. 

A commonly held view is that since the Article itself provides for the process through which it can be declared inoperative, it is a temporary provision. However, the petitioners argued that it is not for this reason that Article 370 is referred to as a “temporary” provision. We explain their arguments here. 

SC verdict on abrogation of Article 370 Explained: Why did the Centre abrogate Article 370?

Following the revocation of Article 370 in 2019, Home Minister Amit Shah defended his government’s decision. “I was firm that Article 370 should be removed…. after (scrapping) Article 370, terrorism in Kashmir will end and it will progress on the path of development,” he said. What has been the BJP's stand on Article 370, and that of the RSS, through the years? Has the repeal of the Article always figured in the BJP’s election manifestos?  Read the history, here.  

SC verdict on abrogation of Article 370 Explained: What was Article 370 of the Indian Constitution?

The SC will deliver its verdict on the Central government's 2019 abrogation of Article 370, which accorded a special status to the erstwhile state of Jammu and Kashmir within the Indian Union. Faizan Mustafa, constitutional law expert and former Vice-Chancellor of NALSAR University of Law, Hyderabad,  explained in  The Indian Express  in 2019:

“Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA), mere “consultation” with the state government is needed. But for extending it to other matters, “concurrence” of the state government is mandatory. The IoA came into play when the Indian Independence Act, 1947 divided British India into India and Pakistan.”

It followed attempts to bring independent provinces under the Indian Union after British colonial rule over the subcontinent ended in 1947. Some other states (such as Mizoram, Nagaland, Maharashtra, Gujarat, etc.) also enjoy special status under Article 371, from 371A to 371I. To read about this provision in detail, see our  previous explainer from Mustafa.

How Article 370 was abrogated: The background

Governor’s Rule was imposed in Jammu and Kashmir on June 19, 2018, after the BJP withdrew support to the coalition government led by People’s Democratic Party (PDP) leader and Chief Minister Mehbooba Mufti. Under Article 92 of the J&K Constitution, six months of Governor’s Rule was mandatory before the state could be put under the President’s Rule.

The Legislative Assembly was dissolved on November 21 and, on December 12, before the end of six months, President’s rule was imposed on J&K. President’s Rule was subsequently approved by both Houses of the Parliament.

On June 12, 2019, President’s Rule was extended for another six months with effect from July 3 of that year.

On August 5, the Centre issued an order amending The Constitution (Application to Jammu and Kashmir) Order, 1954, and superseding it with The Constitution (Application to Jammu and Kashmir) Order, 2019. The new order made “all the provisions of the Constitution” applicable to J&K state. The government also amended Article 367 to add a new Clause (4), making the Constitution of India directly applicable to J&K.

On August 6, the President issued a declaration under Article 370(3) making all its clauses inoperative except the provision that all articles of the Constitution shall apply to J&K.

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  2. Infographic: Before and after Article 370

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  4. Articles 370 & 35A The Whole Story

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  5. The journey of Article 370 and 35A; Here's all you need to know

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  4. Explained: What are Articles 370 and 35A?

    What is Article 370 and 35A: A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives. What are these two provisions? Written by Faizan Mustafa Updated: August 6, 2019 09:23 IST Follow Us

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