The Supreme Court consistently maintained the legitimacy of the Centre’s 2019 choice to repeal Article 370 of the Structure from Jammu and Kashmir.

2 min read 2023-12-10, 04:45 PM IST

The Supreme Court said it’s okay to end Article 370; On Monday, the Supreme Court made a big decision. It agreed with the government’s choice in 2019 to take away Jammu and Kashmir’s special status under Article 370. The order was given by five judges, and led by Chief Justice of India DY Chandrachud. They set a deadline of September 30 next year for assembly elections to be held. This choice comes after more than twelve requests questioning the cancellation and the splitting of the state into two smaller parts – Jammu and Kashmir, and Ladakh.

Article 370 was first made in 1947 by Prime Minister Sheikh Abdullah. It gave Jammu and Kashmir some independence. India’s first Prime Minister, Jawaharlal Nehru, agreed to it. At first, it was seen as a temporary rule, but it became a permanent part of the Indian Constitution in October 1949. In 1954, a rule called Article 35A was made. It gave state lawmakers the power to make special rules for people who live in the state forever.

Changes after 2019; The Modi government said it will put more money into Jammu and Kashmir for things like businesses, healthcare, schools, and tourism. New deposits of lithium have been found for private mining. More people are visiting the area because of tourism, and there is less violence from separatist groups. However, people are still arguing about and changing the area.

The Supreme Court said that Article 370 was meant to be temporary and was made for a short time to help with changes. The court did not make a decision about whether the president’s announcement of rule was valid or not. They said they couldn’t do anything because the rule was ended in October 2019.

Article 35A; After Article 370 was removed, Article 35A was also taken away. This means that people from outside of Kashmir can now buy land there. It also means that Kashmiri locals no longer have special control over government jobs and college admissions. This move was meant to make the region more connected to the rest of the country.

Jammu and Kashmir was split into two parts by the Centre. Now there are two Union Territories – Ladakh and Jammu and Kashmir. Ladakh became a union territory without its own government, while Jammu and Kashmir kept its own government. The highest court said that the lawyer for the government mentioned that J&K’s statehood would be given back because the status of UT is only temporary.

The Jammu and Kashmir Delimitation Commission set new boundaries and areas for voting in May 2022, making it possible for assembly elections to take place. The last decision made more seats available, with some set aside for certain tribes. In February 2023, the highest court decided not to consider the arguments against the rules of the Delimitation Commission.

West Pakistan Refugees can now vote and run for elections in Jammu and Kashmir. Any Indian citizen can now participate in the elections. This means people who left West Pakistan and have been living in Jammu and Kashmir for 70 years can vote in the elections.

The Supreme Court made a very important decision regarding the rules for Jammu and Kashmir. It is a big change that will affect how the region is governed and how elections are held there.