Article 370 Verdict : The verdict on Article 370 will be delivered by a five-judge Constitution bench of the Supreme Court led by Chief Justice DY Chandrachud.
Introduction of article 370 verdict
Article 370 Verdict : On Monday, December 11, the Supreme Court is set to deliver a historic verdict on the constitutional validity of the Centre’s decision to abrogate Article 370 on August 5, 2019. The five-judge Constitution bench, headed by Chief Justice DY Chandrachud, will pronounce its judgment on a batch of petitions challenging the abrogation of the provisions that granted special status to the erstwhile state of Jammu and Kashmir. The implications of this verdict extend beyond the constitutional realm, affecting major decisions taken by the Centre in the past four years.
What is article 370 : Article 370 of the Constitution bestowed special status upon Jammu and Kashmir within the Indian Union, delineating the Centre’s legislative powers concerning the state. While it empowered the state legislature to formulate laws in various domains, exceptions were made for finance, defense, foreign affairs, and communications.
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Background on article 370 and 35A
Article 370 accorded special status to Jammu and Kashmir within the Indian Union, limiting the Centre’s legislative powers in the region. It granted the state legislature the authority to formulate its own laws in various matters, except for finance, defense, foreign affairs, and communications. Additionally, Article 35A, introduced through a presidential order in 1954, empowered the Jammu and Kashmir state legislature to define permanent residents and imposed restrictions on outsiders regarding property rights, land ownership, government jobs, and education scholarships.
The Supreme Court’s impending verdict, following a 16-day hearing that concluded on September 5, is expected to have far-reaching consequences on decisions taken by the Centre over the past four years.
Reorganization of Jammu and Kashmir
The abrogation of Article 370 also led to the reorganization of Jammu and Kashmir into two Union Territories—Ladakh and Jammu and Kashmir. While Ladakh became a Union Territory without a legislature, Jammu and Kashmir retained its legislative body. However, since August 5, 2019, both Union Territories have been administered by Centre-appointed lieutenant governors due to the absence of assembly elections in Jammu and Kashmir.
Delimitation of parliamentary and legislative constituencies
May 2022 witnessed the Jammu and Kashmir Delimitation Commission notifying new boundaries, names, and the number of assembly constituencies, setting the stage for the first-ever assembly elections in the Union Territory. The Commission suggested nominating at least two “Kashmiri migrants” to the Legislature, with powers akin to nominated members of the Puducherry assembly. Additionally, there was a proposal to provide representation to persons displaced from Pakistan-occupied Jammu and Kashmir.
In February 2023, the Supreme Court dismissed a challenge to the constitution of the Delimitation Commission, affirming the legality of its role in readjusting constituencies in the newly constituted Union Territories.
Voting rights to west Pakistan refugees
A noteworthy development has been the extension of voting rights to “outsiders” who were not permanent residents before August 5, 2019. This inclusive approach allows any Indian citizen, meeting the criteria of being an “ordinarily resident” of the Union Territory, to participate in assembly, panchayat, and municipal elections.
This openness has enabled refugees from West Pakistan, residing in Jammu and Kashmir for 70 years, to participate in district development council elections and by-polls for panchayats and urban local bodies. The Ministry of Home Affairs estimates around 5,746 families of West Pakistani Refugees in the Union Territory, concentrated mainly in Kathua, Samba, and Jammu districts.
Conclusion
The Supreme Court’s impending verdict on Article 370 will not only determine the constitutional validity of the Centre’s decision but also shape the course of Jammu and Kashmir’s political landscape. The impact will extend to decisions related to special status, delimitation, and voting rights, fundamentally influencing the governance and representation of the Union Territory. As the nation awaits the court’s decision, the outcome is poised to leave a lasting imprint on the socio-political fabric of Jammu and Kashmir.
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