The Supreme Court in the case observed and has directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir, J&K.
The Constitution bench comprising of Chief Justice of India DY Chandrachud and composed of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice BR Gavai, and Justice Surya Kant in the case observed and has upheld the validity of the Union Government’s 2019 decision to repeal the special status of Jammu and Kashmir as stated under Article 370 of the Constitution of India.
The court in the case observed and has held that the State of Jammu and Kashmir had no internal sovereignty and that Article 370 was a temporary provision.
The validity of Jammu and Kashmir Reorganisation Act 2019, which bifurcated the State of J&K into Union Territories of J&K and Ladakh, was one of the issues before the Court.
However, the said court did not find rule on this issue in view of the submission of the Solicitor General of India that the statehood of J&K will be restored as soon as possible.
The Supreme Court in the case observed and has upheld that the creation of Ladakh UT as valid, holding that Article 3 of the Constitution of India gave the power to the Parliament to carve out a Union Territory from a State.
The issue raised before the court was weather an entire State could be turned into a Union Territory as per Article 3 was left opne.
The court in the case observed and has directed that the steps shall be taken by the Election Commission of India to conduct elections to the J&K assembly by September 30, 2024.
Further, the court stated that the restoration of statehood shall take place as soon as possible.
The bench headed by CJI DY Chandrachud in the case observed and has stated that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024 and the restoration of statehood shall take place at the earliest and as soon as possible.
