Article 370 Verdict: The Supreme Court on Monday upheld the validity of the decision to carve Union Territory of Ladakh out of Jammu and Kashmir. This comes as the apex Court said the Centre's decision to abrogate Article 370 was constitutionally valid even as sought restoration of statehood for the Union Territory at the earliest.
The top court held 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," a five-judge Constitution bench led by Chief Justice of India DY Chandrachud said.
While upholding the reorganisation of Ladakh as Union Territory, the Supreme Court asked the Election Commission to conduct election to the Legislative Assembly of Jammu and Kashmir by September 30, 2024. "We direct that restoration of statehood in Union Territory of J&K shall be done at the earliest," the CJI said.
The SC had reserved its verdict on the matter on September 5 following a 16-day hearing. On August 5, 2019, the Centre had revoked the special status of Jammu and Kashmir granted under Article 370 and split the region into two Union Territories.
"In view of the statement we do not find it necessary to determine whether the reorganisation of the State of Jammu and Kashmir into two Union Territories of Ladakh and Jammu and Kashmir is permissible under Article 3, CJI Chandrachud said. "However, we uphold the validity of the decision to carve out the Union Territory of Ladakh in view of Article 3(a) read with Explanation I which permits forming a Union Territory by separation of a territory from any State," he said.