What is Article-370, SC verdict on abrogation of Article-370

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  • NTV MEDIA DESK  

  • New Delhi  


Article 370:  gave Jammu and Kashmir its own Constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended the special status to the state.


Contained within Article 370 was Article 35A, which allowed the erstwhile state to define who it acknowledged as permanent residents and gave special rights, such as government jobs and owning property.



However, as mentioned in the constitution, and pointed out by the court during the judgement, Article 370 was a temporary measure. 


A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, held the Constitutional order that revoked Article 370 as valid. 



The supreme court gave its verdict on December 11 on the union government's 2019 move to amend Article 370 of the constitution. 


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.

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