Key aspects of Article 370 verdict

Key aspects of Article 370 verdict

News: The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution on Monday (December 11).

Background:
• Article 370 gave special powers to J&K like which laws could apply there and so on. In 2019, the central government abrogated it and stated there is no more special status.
• Also, the state of J&K was divided into Union Territory Jammu and Kashmir and Union Territory of Ladakh.

What did the Supreme Court rule on 3 key issues?

On the ‘unique’ and ‘special status’ of Jammu and Kashmir
• The SC held that J&K did not retain any element of sovereignty after its accession to India in 1947.
• CJI Chandrachud cited Section 3 of the J&K Constitution itself, apart from Article 1 and 370 of the Indian Constitution.
• Section 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 provided that this provision cannot be amended.

Is Article 370 a ‘temporary’ or a permanent provision of the Constitution?
• The Supreme Court held that Article 370 is a temporary, transitional provision.
• CJI Chandrachud took a textual approach and cited evidence of the historical context for the inclusion of Article 370 and the placement of Article 370 in Part XXI of the Constitution dealing with temporary provisions.
• He also said that the “temporary” provision served a purpose in the war-like situation prevailing in the
state in 1947.

The questions relating to the effective abrogation of Article 370?
• The Court upheld both the proclamations, including the one that gave a new meaning to “constituent assembly of Jammu and Kashmir”, as “Legislative Assembly of Jammu and Kashmir.”
• The central issue was whether these actions could be taken by the Union assuming powers of the state when it is under President’s rule. Here, the Supreme Court referred to the landmark 1994 ruling in ‘SR Bommai v Union of India’ which dealt with the powers and limitations of the Governor under President’s rule.
• CJI DY Chandrachud said that the Governor (President in J&K’s case) can assume “all or any” roles of the state legislature and such action must be tested judicially only in extraordinary cases.
• Relying on an interpretation of the Bommai ruling, the SC said that there is “no prima facie case that the President’s orders were malafide or extraneous exercise of power.”

What has been the journey of J&K since 2019?
• J&K economic output in 2019 was 1 lakh crore rupees and now in 2023 it is more than 2.27 lakh crore rupees (Doubled)
• Around 18 million tourists visited J&K in 2022 (an all time high). In 2023, footfall is expected to be 22 million by the end of this month.
• Foreign investments in Kashmir have been on a record high.
• On security in J&K, the home ministry data points that terror attacks are down by 32%, civilian deaths are down by 14%, deaths of security officials have fallen by 52%.
• The stone pelting incidents have also fallen. More than 600 pelting incidents were reported in the 1st half of 2019 by 2021 it was down to 76.

Challenges observed:
• Targeted killings have emerged as a problem. Kashmiri Hindus and Non-Kashmiris have been on the receiving end.
• Elections haven’t taken place in the legislative assembly since 2014. The SC has directed the ECI to hold elections by September 2024.
• The SC has also directed the central government to restore the statehood status of J&K.

Conclusion
• The recent verdict isn’t an end in itself. It is a journey towards a new beginning and that journey will lead to a prosperous Jammu & Kashmir and Ladakh.