Supreme Court’s verdict on Article 370 explained in detail



The Supreme Court of India gave its verdict on December 11, 2023, on the Union government’s 2019 move to amend Article 370 of the Constitution. The abrogation ended the special status conferred to the erstwhile state of Jammu and Kashmir. The court held the Constitutional order that revoked Article 370 as valid .

A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, had reserved its verdict on as many as 23 petitions in the matter on September 5, 2023, after 16 days of hearings. The bench also comprised Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant .

CJI DY Chandrachud stated that Jammu and Kashmir held no internal sovereignty after accession to India. He said there was no prima facie case that the President’s 2019 orders were mala fide (in bad faith) or extraneous exercise of power. While the court said the reorganization of the erstwhile state into Union Territories in 2019 was a temporary move, it directed the Centre for the restoration of statehood and for Legislative Assembly elections to be held.