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What happened
In December 2023, the Supreme Court upheld the abrogation of Article 370 in a 5-judge Constitution Bench verdict. The Court validated the President's 2019 order removing Jammu & Kashmir's special status, rejecting petitions challenging the constitutional validity. Justice Chandrachud led the majority judgment affirming Parliament's power to reorganize states under Article 3. The Court held that Article 370 was temporary and exhausted after the Constituent Assembly's dissolution in 1957.
02 Understand
Why it matters
The Supreme Court's December 2023 judgment represents a definitive constitutional settlement on Kashmir's integration. The Court ruled that Article 370's temporary nature was evident from its text and legislative history, becoming spent after J&K's Constituent Assembly dissolved without framing a separate constitution. The judgment validated the Centre's argument that Presidential powers under Article 370(3) allowed its modification without state concurrence post-1957. Significantly, the Court upheld the bifurcation of J&K into two Union Territories under Article 3, rejecting arguments about requiring state legislative consent. The verdict impacts federalism by establishing precedents for Centre-state relations during constitutional emergencies. It affects fundamental rights discourse by approving restrictions during transition periods. For legal practice, it clarifies the scope of Presidential powers in constitutional crises and the temporality of constitutional provisions. The judgment also addresses the integration process's legitimacy, affecting Kashmir's political future and India's federal structure.
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