SC upholds Abrogation of Article 370

• The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370.
• It upheld the constitutional validity of the two Presidential Orders CO (The Constitution (Application To Jammu and Kashmir) Order) 272 and 273 of August 5 and 6, 2019 respectively by which the entire Constitution of India was made applicable to J&K, and all provisions of Article 370 were declared inoperative.

MAJOR HIGHLIGHTS OF JUDGMENT

• Jammu and Kashmir surrendered completely its sovereignty after it joined the Union of India after Independence.
• The President of India had the power to abrogate Article 370 without a prerequisite for a recommendation by the Jammu and Kashmir assembly.
• Article 370 was introduced to serve two purposes.
  • First, the transitional purpose: to provide for an interim arrangement until the Constituent Assembly of the State was formed,
  • and second, a temporary purpose: an interim arrangement in view of the special circumstances because of the war conditions in the State
• The Supreme Court has instructed the ECI to hold the assembly elections in Jammu and Kashmir latest by September 30, 2024.
• SC also urged for the earliest reinstatement of statehood in the Union Territory.