NEW DELHI, INDIA — The Supreme Court of India has upheld the Hindu extremist Modi government’s decision to abrogate Article 370 on August 5, 2019, while dismissing petitions seeking the restoration of the special status of Occupied Kashmir.
Chief Justice DY Chandra Chadha, announcing the verdict, stated that Jammu and Kashmir, after India’s recognition, lacks internal autonomy, and the temporary application of Article 370 deems occupied Jammu and Kashmir an integral part of India according to Article 1 and 370 of the Constitution.The decision clarified that Article 370 does not freeze the inclusion of Jammu and Kashmir and that the Jammu and Kashmir Assembly does not have the power to create a separate body.
The Supreme Court rejected petitions related to restoring the special status of Occupied Jammu and Kashmir and directed the conduct of elections for the Occupied Kashmir Assembly by September 30, 2024.It is noteworthy that the Supreme Court had reserved its decision on September 5 concerning petitions challenging the cancellation of Article 370, which granted special status to Occupied Kashmir by the Modi government.
The petitions sought the restoration of Article 370 and the statehood of Occupied Jammu and Kashmir, challenging the bifurcation of the region into Jammu and Kashmir and Ladakh.A 5-member bench, presided over by Chief Justice DY Chandrachud, heard the case daily for 16 days, ultimately saving its decision after considering over 20 petitions challenging the cancellation of Article 370 in the Indian Supreme Court.
