A Comprehensive Analysis of Article 370 Abrogation and Jammu & Kashmir's Reorganization.

Article 370 of the Indian Constitution granted special status to Jammu and Kashmir, providing the region with the authority to have a separate constitution, state flag, and autonomy in internal administration. Administered by India as a state from November 17, 1952, to October 31, 2019, Article 370 was located in Part XXI of the constitution, titled "Temporary, Transitional, and Special Provisions.

Presidential Orders of 2019

On August 5, 2019, the Government of India issued a Presidential Order, superseding the 1954 order, and applied all provisions of the Indian constitution to Jammu and Kashmir. This action was based on a resolution passed by both houses of India's parliament with a two-thirds majority. Additionally, the Jammu and Kashmir Reorganisation Act, 2019, was enacted, dividing the state into two union territories – the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh – effective October 31, 2019.

Challenges and Petitions

Subsequently, 23 petitions challenging the abrogation of Article 370 were presented to the Supreme Court of India. The petitioners raised two main challenges. Firstly, they questioned the constitutionality of the presidential orders, arguing the indirect amendment of Article 370 without the concurrence of the Constituent Assembly of Jammu and Kashmir. Secondly, they contended that the Jammu and Kashmir Reorganisation Act, 2019, was unconstitutional under Article 3, as it allegedly downgraded a federal democratic state into a less representative form.

Presidential Orders of 2019 - Amendment and Proclamation

The Presidential Orders of 2019, specifically C.O. 272, amended Article 367, changing the interpretation of the Constitution. This allowed the Union to amend Article 370 without the recommendation of the Constituent Assembly, as Jammu and Kashmir was under President's Rule. Following this, the Rajya Sabha recommended the abrogation of Article 370 through a Statutory Resolution. On August 6, 2019, President Kovind issued a Proclamation, rendering all clauses of Article 370 ineffective, except for clause 1, which was amended to declare the application of the Indian Constitution to the State of Jammu and Kashmir, thereby eliminating its special status.

Recent Judgment

In a recent judgment, the Supreme Court upheld the abrogation of Article 370, stating that the President's order was not malafide and was valid. The court emphasized that Article 370 was a temporary provision and not a hindrance to the integration of Jammu and Kashmir. It asserted that the state did not hold internal sovereignty and had agreed to the Indian Constitution's finality upon joining India. The court also supported the decision to create the Union Territory of Ladakh and directed the Election Commission of India to hold polls under Section 14 of the Reorganisation Act, advocating the restoration of statehood at the earliest. The unanimous verdict was delivered by a five-judge Constitution Bench led by Chief Justice DY Chandrachud, emphasizing that not every government decision is subject to challenge.