SC verdict on abrogation of Article 370 Explained : The Supreme Court gave its verdict today (December 11) on the Union government’s 2019 move to amend Article 370 of the Constitution. The abrogation ended the special status conferred to the previous state of Jammu and Kashmir. The apex court held the Constitutional order that revoked Article 370 as valid.
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A five-judge Constitution bench, led by CJI Chief Justice of India 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 SK Kaul, Sanjeev Khanna, BR Gavai and Surya Kant.
CJIChandrachud 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 file (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 statehood and for Legislative Assembly elections to be held.
Justice Kaul recommended in his concurring opinion that a Truth and Reconciliation Commission should be set up in J&K, for an acknowledgement of the acts of alleged rights violations in the region
