Editor's Pick | SC upholds repeal of J&K’s special status

The five-judge Supreme Court Bench headed by Chief Justice of India D.Y. Chandrachud on Monday unanimously upheld the power of the President to abrogate special status of Jammu and Kashmir under Article 370 of the Constitution, leading to the reorganisation of the full-fledged State to two Union Territories and the removal of its privileges. It confirmed that the President could “unilaterally issue a notification that Article 370 ceases to exist”. The court held that the President had the power to do so “if special circumstances warrant a special solution”. The court said the President’s decision in 2019 was the culmination of a “gradual and collaborative exercise” spread over the past 70 years between the Centre and the State to integrate Jammu and Kashmir with the Union. Justice Sanjay Kishan Kaul, in an epilogue, proposed the setting up of a Truth and Reconciliation Commission to address the inter-generational trauma caused by violence and mass migration in Jammu and Kashmir. The court declared the Jammu and Kashmir Constitution “redundant” and “inoperative”, accepted the Centre’s assurance to restore Statehood to Jammu and Kashmir “at the earliest” and directed the Election Commission of India to hold Assembly polls by September 30, 2024. The court found it unnecessary to examine whether the reorganisation of the State into two Union Territories had been even permissible and upheld the carving out of the Union Territory of Ladakh from the State of Jammu and Kashmir. “Even if this court holds that the Proclamation could not have been issued under Article 356, there would be no material relief which can be given in view of the fact that President’s Rule was revoked in the State of Jammu and Kashmir on October 31, 2019,” Chief Justice Chandrachud justified. In his lead judgment, the Chief Justice, speaking for himself, Justices B.R. Gavai and Surya Kant, said Jammu and Kashmir had divested itself of “any element of sovereignty” after the execution of the Instrument of Accession to the Union in October 1947. Justices Kaul and Sanjiv Khanna concurred in their separate opinions. “The State of Jammu and Kashmir does not have ‘internal sovereignty’ distinguishable from the powers and privileges enjoyed by other States in the country,” Chief Justice Chandrachud held. Parliament has already amended the Jammu and Kashmir Reorganisation Bill, 2019 to adjust the number of seats in the UT’s assembly and nominate certain individuals. The Hindu’s Editorial Ominously anti-federal: On the Supreme Court’s judgment on Article 370 and J&K’s special status The Hindu’s Daily News Quiz What is the name of the first Interpol operation being conducted to check fraud schemes, including fake cryptocurrency investments, fraudulent work-from-home offers? Operation Cyber Scam Operation Storm Makers II Operation Dark Storm I Operation Storm Front To know the answer and to play the full quiz, click here. [logo] Editor's Pick 12 December 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( SC upholds repeal of J&K’s special status The five-judge Supreme Court Bench headed by Chief Justice of India D.Y. Chandrachud on Monday unanimously upheld the power of the President to abrogate special status of Jammu and Kashmir under Article 370 of the Constitution, leading to the reorganisation of the full-fledged State to two Union Territories and the removal of its privileges. It confirmed that the President could “unilaterally issue a notification that Article 370 ceases to exist”. The court held that the President had the power to do so “if special circumstances warrant a special solution”. The court said the President’s decision in 2019 was the culmination of a “gradual and collaborative exercise” spread over the past 70 years between the Centre and the State to integrate Jammu and Kashmir with the Union. Justice Sanjay Kishan Kaul, in an epilogue, proposed the setting up of a Truth and Reconciliation Commission to address the inter-generational trauma caused by violence and mass migration in Jammu and Kashmir. The court declared the Jammu and Kashmir Constitution “redundant” and “inoperative”, accepted the Centre’s assurance to restore Statehood to Jammu and Kashmir “at the earliest” and directed the Election Commission of India to hold Assembly polls by September 30, 2024. The court found it unnecessary to examine whether the reorganisation of the State into two Union Territories had been even permissible and upheld the carving out of the Union Territory of Ladakh from the State of Jammu and Kashmir. “Even if this court holds that the Proclamation could not have been issued under Article 356, there would be no material relief which can be given in view of the fact that President’s Rule was revoked in the State of Jammu and Kashmir on October 31, 2019,” Chief Justice Chandrachud justified. In his lead judgment, the Chief Justice, speaking for himself, Justices B.R. Gavai and Surya Kant, said Jammu and Kashmir had divested itself of “any element of sovereignty” after the execution of the Instrument of Accession to the Union in October 1947. Justices Kaul and Sanjiv Khanna concurred in their separate opinions. “The State of Jammu and Kashmir does not have ‘internal sovereignty’ distinguishable from the powers and privileges enjoyed by other States in the country,” Chief Justice Chandrachud held. Parliament has already amended the Jammu and Kashmir Reorganisation Bill, 2019 to adjust the number of seats in the UT’s assembly and nominate certain individuals. The Hindu’s Editorial [Arrow][Ominously anti-federal: On the Supreme Court’s judgment on Article 370 and J&K’s special status]( The Hindu’s Daily News Quiz What is the name of the first Interpol operation being conducted to check fraud schemes, including fake cryptocurrency investments, fraudulent work-from-home offers? - Operation Cyber Scam - Operation Storm Makers II - Operation Dark Storm I - Operation Storm Front To know the answer and to play the full quiz, [click here.]( [Sign up for free]( Today’s Best Reads [[Centre blames traders for onion price hike, terms farmers’ protests as ‘sponsored’] Centre blames traders for onion price hike, terms farmers’ protests as ‘sponsored’]( [[The limitations of CCS and CDR and their grip on our future climate | Explained] The limitations of CCS and CDR and their grip on our future climate | Explained]( [[Article 370: Amit Shah welcomes SC verdict, terms it a tribute to martyrs] Article 370: Amit Shah welcomes SC verdict, terms it a tribute to martyrs]( [[PM Modi writes: ‘SC verdict on Article 370 has strengthened the spirit of Ek Bharat, Shreshtha Bharat’] PM Modi writes: ‘SC verdict on Article 370 has strengthened the spirit of Ek Bharat, Shreshtha Bharat’]( Copyright @ 2023, THG PUBLISHING PVT LTD. 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