The Supreme Court Verdict: 11 December 2023
In In Re: Article 370 of the Constitution, a five-judge Constitution Bench unanimously upheld the Centre's action.
The bench
CJI D.Y. Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant. The CJI wrote for himself, Gavai and Surya Kant. Kaul and Khanna wrote separately.
The holdings
| Question | Answer |
|---|---|
| Was Article 370 temporary? | Yes. |
| Did J&K keep sovereignty? | No. It became an integral part of India. |
| Could the President end Article 370 after the Constituent Assembly ended? | Yes. The power under Article 370(3) survived. |
| C.O. 272 and C.O. 273 | The application of all Constitutional provisions was valid. C.O. 273 was valid. |
| President's Rule actions | Union action during President's Rule is subject to review, but this action was not mala fide. |
| Ladakh as a UT | Upheld. |
| State into UT | The Court did not decide whether Parliament can convert a State into a UT, because the Solicitor General said statehood would be restored. |
Directions
- Statehood to be restored "as soon as possible".
- Elections to the J&K Assembly by 30 September 2024.
- Justice Kaul recommended a Truth and Reconciliation Commission (not a Court order).
Keep practising
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Prepared for exam revision from standard sources, official publications and the Census. Figures and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.