Article 370: SC Urges Restoration Of J&K Statehood At Earliest, Directs ECI To Conduct Polls

The Supreme Court urged that the statehood of Jammu and Kashmir be restored at the earliest and directed the ECI to conduct polls by September, 2024.

Supreme Court delivers judgment on pleas challenging abrogation of Article 370 in Jammu and Kashmir

The Supreme Court on Monday stressed that the statehood of Jammu and Kashmir should be restored at the earliest so that polls can be conducted to the J&K Legislative Assembly. In this regard, the apex court also directed the Election Commission of India to take steps to conduct the polls by September 30, 2024. 

"Restoration of statehood shall take place at the earliest and as soon as possible," said Chief Justice DY Chandrachud while reading out the judgment on a batch of pleas challenging the constitutional validity of abrogation of Article 370 in Jammu and Kashmir. 

"We direct that steps shall be taken so that elections are held in Legislative Assembly of J&K by September 30, 2024," he said while delivering judgment on the validity of Jammu and Kashmir reorganisation that bifurcated the region into two Union terrirories, Jammu-Kashmir and Ladakh. 

The top court on Monday upheld the Centre's decision to abrogate Article 370 as constitutionally valid in Jammu and Kashmir while seeking the restotration of its statehood as early as possible. The apex court noted that Article 370 was a temporary provision because of "war-like conditions"  in the state.

"We hold exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid. We do not find the use of presidential power was malafide," the CJI said. 

The five-judge Constitution bench of the Supreme Court headed by Chief Justice DY Chandrachud heard the matter for 16 days after which it reserved its verdict on September 5. Other judges in the bench included Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant.

Union minister Amit Shah had on August 5, 2019 announced in the Rajya Sabha that the Central government has abrogated Article 370 that granted special status to Jammu and Kashmir and the Jammu and Kashmir Reorganisation Bill, which proposed to bifurcate the region into two Union Territories was also passed the same day.