Article 370 Verdict: Conduct J&K Assembly election by 30 September, 2024, SC tells ECI

The Supreme Court Monday has directed the Election Commission of India to conduct elections to the Jammu and Kashmir Assembly by 30 September, 2024.

“We direct that steps shall be taken by the Election Commission of India to conduct elections to the Jammu and Kashmir Assembly by September 30,” Chief Justice of India (CJI) DY Chandrachud said while pronouncing its judgment in the Article 370 case.

The direction by the apex court for holding elections was part of the verdict on pleas challenging the scrapping of the special status of Jammu and Kashmir.

A five-judge Bench headed by CJI Chandrachud, on Monday (11 December, 2023) also upheld the constitutional validity of Constitutional Order which abrogated Article 370 and said steps should be taken to restore the statehood of Jammu and Kashmir “as soon as possible”.

“Restoration of statehood shall take place as soon as possible,” the CJI added.

Article 370 bestowed special status on the erstwhile state of Jammu and Kashmir.

Writing the judgement for himself and Justices Gavai and Surya Kant, CJI Chandrachud said Article 370 of the Constitution was a temporary provision and the President has the power to revoke it.

The court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir on 5 August, 2019.

The CJI said the erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country.

“… all provisions of the Indian Constitution can be applied to J-K,” the CJI said.

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