Article 370 verdict: J-K doesn’t hold internal sovereignty, says SC

Update (December 11, 11:20 AM): 

The Supreme Court, which is pronouncing its verdict on Article 370, said Jammu and Kashmir does not hold internal sovereignty after it acceded to India.

"We hold it does not hold any internal sovereignty after accession to the Union of India," said Chief Justice DY Chandrachud.

Supreme Court says it has held that Article 370 is a temporary provision. https://t.co/bW9fF268nM

— ANI (@ANI) December 11, 2023

The Supreme Court said a five-judge Constitution Bench headed by Chief Justice DY Chandrachud had a unanimous verdict on a batch of pleas challenging the abrogation of Article 370.

Supreme Court holds that the power of the President to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly pic.twitter.com/2BXPCO2CMo

— ANI (@ANI) December 11, 2023

SC to rule judgement on pleas challenging abrogation of Article 370 today

The Supreme Court's Constitution bench on Monday, December 11, will rule on a number of petitions that contest the repeal of Article 370 and the division of the former state of Jammu and Kashmir into two Union territories.

The decision will be made today by a five-judge constitution panel that includes Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant.

After hearing the arguments for sixteen days, the supreme court reserved its decision on September 5. 

Noteworthy here is that the Centre had told the bench that Jammu and Kashmir was not the only state whose accession to India was through instruments of accession, but many other princely states that too had joined India post-independence in 1947, with conditionalities and after their merger, their sovereignty was subsumed in the sovereignty of India.

At the time of independence in 1947, the majority of the 565 princely states were in Gujarat and many had conditions relating to taxes, land acquisition and other issues, the central government told the bench.

The Centre had also submitted that the status of Jammu and Kashmir as a Union Territory is only temporary and it will be restored to statehood; however, Ladakh would remain a Union Territory.

Here are some key points in the case:

• Article 370 granted special status to the state of Jammu and Kashmir, including a separate constitution, flag, and autonomy over internal matters.
• On August 5, 2019, the central government revoked Article 370 and bifurcated the state into two union territories, Jammu and Kashmir and Ladakh.
• Several petitions were filed in the Supreme Court challenging the abrogation of Article 370, arguing that it was unconstitutional and violated the rights of the people of Jammu and Kashmir.
• A five-judge bench of the Supreme Court heard the case and reserved its verdict in September 2023.
• The verdict is expected to have a significant impact on the future of Jammu and Kashmir.

(With ANI inputs)