Summary of ‘In Re: Article 370 of the Constitution’ case

The case of In Re: Article 370 of the Constitution, decided by the Supreme Court of India on December 11, 2023, dealt with the abrogation of Article 370, which previously granted special autonomous status to the state of Jammu and Kashmir. Here’s a summary of the case:

Background:

• Article 370 of the Indian Constitution granted special status to Jammu and Kashmir, limiting the Indian Parliament’s legislative power to matters of defense, external affairs, and communication.
• On August 5, 2019, the Indian government issued Presidential Order 272 and subsequently passed two legislations:
  • Jammu and Kashmir Reorganisation Act, 2019: Abrogated Article 370 and reorganized the state into two Union Territories – Jammu and Kashmir and Ladakh.
  • Jammu and Kashmir (Reservation of Seats) Act, 2019: Reserved seats in the Jammu and Kashmir Legislative Assembly for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

Challenges:

• Several petitions were filed in the Supreme Court challenging the abrogation of Article 370 and the reorganisation of the state.
• Petitioners argued that:
  • Abrogation was unconstitutional as it violated the basic structure of the Constitution and the principle of federalism.
  • The process followed was illegal and bypassed the requirement of the state’s Constituent Assembly’s consent.

Court’s Verdict:

• A five-judge Constitution Bench delivered its verdict on December 11, 2023:
  • Upheld the abrogation of Article 370, stating it was a temporary provision and could be abrogated through a Presidential Order under Article 370(3).
  • Refused to comment on the constitutionality of the reorganisation act due to a lack of legal challenges specifically focused on it.
  • Opined that the Presidential Order was issued validly, but left open the question of whether it required concurrence from the Constituent Assembly (which had been dissolved earlier).

Impact:

• The verdict upheld the central government’s action on abrogating Article 370, granting it legal legitimacy.
• It has significant implications for the future of Jammu and Kashmir, raising questions about its political and social trajectory.
• The legal debate surrounding the reorganisation act remains open, potentially leading to further challenges in the future.

Important Note:

This summary provides a general overview of the case. For a more nuanced understanding, it’s crucial to consult the full judgement and consider opposing viewpoints and ongoing discussions surrounding this complex issue.