In a landmark decision today, the Supreme Court of India upheld the Centre’s action to revoke special status from Jammu and Kashmir under Article 370 of the Constitution. The five-member bench, led by Chief Justice of India DY Chandrachud, determined that Article 370 was a provisional measure aimed at facilitating the integration of Jammu and Kashmir with India.

The Supreme Court clarified that upon joining India, Jammu and Kashmir did not retain sovereignty, and its constituent assembly ceased to exist upon the completion of the merger.

Emphasizing that the J&K constituent assembly was not intended to be a permanent body and was established solely for framing the Constitution, the court stated, “The recommendation of the Constituent Assembly was not binding on the President.”

The Supreme Court, nevertheless, provided insight into why the region retained its special status following its integration with India, notwithstanding the absence of “internal sovereignty.”

Commenting on the matter, the Supreme Court stated, “Upon the dissolution of the constituent assembly, the specific conditions that warranted the introduction of Article 370 ceased to exist. However, the unique circumstances within the state persisted, thereby necessitating the continuation of the Article.”