Supreme Court upholds abrogation of Article 370, says Assembly polls must be held by September 2024
September 12, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • World Hindu Congress 2026
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Supreme Court upholds abrogation of Article 370, says Assembly polls must be held by September 2024

The Supreme Court upheld the Union Government's decision to revoke Article 370 of the Constitution, which conferred special status upon Jammu & Kashmir and mandated the conduct of Assembly polls in the region by September 2024

WEBDESKWEBDESK
Dec 11, 2023, 12:30 pm IST
inBharat, Delhi, Jammu and Kashmir
Follow on Google News
Jammu & Kashmir, Ladakh (Article 370)

Jammu & Kashmir, Ladakh (Article 370)

Facebook
Twitter
WhatsAppTelegramEmail

The Supreme Court on December 11, upheld the Union Government’s decision to abrogate Article 370 of the constitution which gave special status to Jammu & Kashmir and said that every decision taken by the Centre on behalf of a State can’t be subject to a legal challenge.

A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant delivered the verdict. The Constitution Bench was hearing a batch of petitions challenging the abrogation of Article 370 of the Constitution and bifurcating the State into two Union Territories.

CJI Chandrachud reading out the judgement said that every decision taken by the Centre on behalf of a State under proclamation can’t be subject to a legal challenge and it will lead to the administration of the State to a standstill.

Supreme Court said that it has held that Article 370 was a temporary provision.

” The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist….Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision,” the Court said.

The Apex court also mentioned that the argument of petitioners that the Union government cannot take actions of irreversible consequences in the State during Presidential rule is not acceptable.
“We have held that the State of Jammu & Kashmir did not retain an element of sovereignty when it joined the Union of India. We have arrived at this conclusion for the following reasons. First paragraph eight of the instrument of acession executed by Maharaja Hari Singh provided that nothing in the instrument would affect the continuance of the sovereignty of the Maharaja in and over the State,” CJI Chandrachud said.

The CJI further noted that on November 25, 1949, a proclamation was issued for the State of Jammu & Kashmir by “Yuvraj Karan Singh”.

“The declaration on this proclamation, that the Constitution of India would not only supersede all other constitutional provisions in the state, which were inconsistent with it, but also abrogate them, achieves what could have been attained by an agreement of merger. With the issuance of the proclamation, paragraph of the instrument of acession ceases to be of legal consequence. The proclamation reflects the full and final surrender of sovereignty by Jammu & Kashmir through its sovereign ruler to India ” CJI added further.

The Supreme Court said “The declaration issued by the President exercises the power and clause 3 of Article 370 is a culmination of the process of integration. Thus, we do not find that the President’s exercise of power under Clause 3 of Article 370 was malafide. We hold the exercise of Presidential Power to be valid.”

The Court also noted that Article 370 was meant for the constitutional integration of Jammu & Kashmir with the Union and it was not for disintegration and the President can declare that Article 370 ceases to exist.

“Concurrence of the State Government was not required to apply all provisions of the Constitution using Article 370(1)(d). So, the President of India taking the concurrence of the Union government was not malafide,” the Court noted.

The Supreme Court also directed the Election Commission to hold Jammu & Kashmir Assembly elections by September 30, 2024. The Supreme Court said in view of Centre’s submission on restoration of statehood of Jammu & Kashmir, it directs that statehood shall be restored as soon as possible.

On September 5, the apex court reserved the judgement after hearing the arguments for 16 days.

The Union Government had defended its decision to abrogate Article 370, saying there was no “constitutional fraud” in repealing the provision that accorded special status to the erstwhile state of Jammu & Kashmir. Attorney General R Venkataramani and Solicitor General Tushar Mehta appeared for Centre.

Senior advocate Kapil Sibal, appearing on behalf of the petitioners, had opened the arguments, saying Article 370 was no longer a “temporary provision” and had assumed permanence post the dissolution of the Constituent Assembly of Jammu & Kashmir.

He had contended that the Parliament could not have declared itself to be the legislature of J-K to facilitate the abrogation of Article 370, as Article 354 of the Constitution does not authorise such an exercise of power.

On August 5, 2019, the Union Government announced the revocation of the special status of Jammu & Kashmir granted under Article 370 and split the region into two union territories.

(with inputs from ANI)

Topics: Jammu & KashmirAbrogation of Article 370assembly pollsCJI DY ChandrachudSupreme CourtArticle 370
Share15
Tweet
SendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Uttar Pradesh: Kashi Vishwanath Dham witnesses record devotee influx, attracts over 13 crore visitors in two years

Next News

Chhattisgarh: Four naxals involved in BJP leader Ratan Dubey’s murder arrested

Related News

Registrar of Copyrights in India has rejected an application of computer scientist to make AI as an Author

DABUS loses copyright battle in India: Human author must be named; The tradition of Apūrvatā to Maulikatā

1993 Blasts Case: SC Rejects Abu Salem’s Release Plea

From 1993 Mumbai blasts to Portugal extradition: SC rejects Abu Salem’s bid for early release

Two Supreme Court cases have put India’s constitutional safeguards for tribal land, representation and self-governance under renewed scrutiny

Demography as a Weapon: The Supreme Court’s twin test on tribal protections

SC Backs Eviction from Tamil Nadu Temple Land

SC backs eviction from Tamil Nadu Temple land: Muslim occupants cannot claim rights through illegal sale

Jaipur Terror Case: Supreme Court Refuses to Release Sarwar Azmi

Jaipur Terror Case: Supreme Court refuses to release Sarwar Azmi, cites national security

CJP’s agenda behind “school thik karo campaign” exposed; SC refuses PIL against curbs on filming inside govt schools

Load More

Latest News

Telangana DGP C.V. Anand and senior police officials display the firearms, magazines and ammunition recovered in the Secunderabad Cantonment arms theft case on September 11, 2026

Telangana: Secunderabad Cantonment arms theft cracked; stolen weapons recovered, former Army officer held

Public convenience takes centre stage as India streamlines VIP movement during the high-profile BRICS Summit 2026.

BRICS Summit 2026: Modi Govt cuts VIP convoy rush as Ministers, CMs unite for a single bus ride in New Delhi

Poster of Lionel Messi, former CM Pinarayi Vijayan, VD Satheeshan

Keralam Messi-gate: Rs 126 cr deal widens into Rs 549.22 cr fraud; SIT seeks ED probe into ex-CM Pinarayi Vijayan

Anthropic’s Claude AI was used by a Houthi-linked weapons cell to advance rocket and missile development in northern Yemen.

Islamist terror group Houthis used Anthropic’s Claude AI to develop missile guidance software, test rocket: Report

Security forces recovered concealed weapons and other Maoist materials in Jharkhand's Kuchai Forest.

Jharkhand: Major operation in Kuchai forests after Maoist surrender, arms recovered

Tamil Nadu: No to Parandur airport over farmland concerns, yes to industrial park in same region, TVK govt under fire

Sri Guru Granth Sahib Ji: A dialogue with humanity, oneness, and Bharat’s eternal tradition

(Left) Five rescued orangutan at the Nandankanan Zoo (Right) Odisha Chief Minister Mohan Charan Majhi

‘Odisha won’t be wildlife trafficking route’: CM Majhi orders probe into five orangutans case

Sabarimala Deity Remarks: Kerala HC Orders Meta to Block Disputed Video

Scandalous & Indecent: Kerala HC orders Meta to block Sabarimala video over remarks on Lord Ayyappa, Malikappurathamma

Sri Guru Granth Sahib Parkash Purab 2026: The Transformative Idea

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies