The Indian Supreme Court has delivered a controversial decision regarding the change in the special status of occupied Kashmir. The Supreme Court ordered to hold elections in Occupied Kashmir by September 30, 2024.
While upholding the decision to abrogate Article 370, the Indian Supreme Court affirmed the Indian President’s authority to revoke the special status. The Supreme Court has ordered elections in occupied Kashmir by September 30, 2024.
According to the Indian Supreme Court, the government’s decision to abrogate Article 370 was not based on hostility. The implementation of Article 370 was temporary, and the decision to remove it was deemed appropriate. The President had the authority to revoke Article 370.
The court ruling stated that post-integration, Jammu and Kashmir will no longer be a separate state. The legality of the abrogation of Article 370 was not the focus of the judicial decision; not every legal decision falls within the ambit of the legal framework, and Article 370 was temporary, not permanent.
The court mentioned that every decision made under President’s rule does not necessarily fall within the scope of legal scrutiny. It was not mandatory to seek the recommendation of the Constituent Assembly before abrogating Article 370.
According to Indian media reports, the hearing on Article 370 continued for 16 days in the Indian Supreme Court. The decision on the case was reserved by the five-member bench of the Supreme Court in August and September.
It should be noted that on August 5, 2019, the Modi government had abolished the special status of Occupied Kashmir.