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A saga of petitions were filed challenging the Centre's decision, after which it was first taken up on August 28, 2019 by a bench led by former CJI Ranjan Gogoi, who had referred the case to a five-judge bench
In a historic verdict, the Supreme Court of India today has upheld the abrogation of Article 370 of the Constitution of India which accorded "special status" to the erstwhile state of Jammu and Kashmir.
Notably, three concurring judgments have been authored.
Court has held Article 370 to be a temporary provision enacted introduced to serve a transitional purpose considering the war conditions in the state of Jammu and Kashmir. A textual reading of the article also indicates that it is a temporary provision, CJI read from his judgment.
A five judge Constitution bench comprising of CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant had reserved verdict on September 5, 2023. Court had begun hearing the case on July 11.
On August 5th, Article 370 of the Constitution was abrogated by the Central Government vide a Presidential Order which revoked the "special status" of Jammu & Kashmir.
The President issued The Constitution (Application to Jammu And Kashmir) Order, 2019 CO 272 replacing the words ‘Constituent Assembly’ from Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir]’. A Statutory Resolution was introduced by Amit Shah in the Rajya Sabha which abrogated Article 370 as the state of under president's rule. Finally, on the next day, the Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019 bifurcating the State into two Union Territories -Jammu & Kashmir and Ladakh.
Case Title: IN Re: ARTICLE 370 OF THE CONSTITUTION
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