The Supreme Court determined that Article 370 was a provisional provision and following Jammu and Kashmir’s accession to the Indian Union, it did not retain integral sovereignty. The court also ruled that the President did not need the consent of the State Assembly to issue a Constitutional Order applying the provisions of the Indian Constitution to Jammu and Kashmir. Furthermore, the court stated that the President’s powers could only be subject to judicial review if there is prima facie evidence of malafide intent.
The Supreme Court has mandated that elections for the Jammu and Kashmir Assembly must take place no later than September 30, 2024. Additionally, the court has conveyed its opinion that statehood should be expeditiously reinstated in Jammu and Kashmir, in line with the statement made by the Learned Solicitor General.
Furthermore, Justice SK Kaul, one of the five judges on the constitutional bench, has suggested the establishment of an unbiased Truth & Reconciliation Committee to compile a report on human rights violations in Jammu and Kashmir since the 1980s.
