New Delhi, December 11, 2023: In a landmark decision, the Constitution Bench of the Supreme Court, led by Chief Justice of India D.Y. Chandrachud, has issued a directive to the Election Commission to conduct elections for the Jammu and Kashmir Assembly before September 30, 2024. The court also mandated the Centre to take necessary measures for the reinstatement of Statehood for the region.
The ruling, delivered on December 11, 2023, upheld the constitutional validity of the Constitutional Order that abrogated Article 370. This move, which transpired on August 5, 2019, saw the Parliament revoking Article 370, thus eliminating the special status accorded to Jammu and Kashmir. Concurrently, the region was bifurcated into two Union Territories – Jammu and Kashmir, and Ladakh. While Ladakh retained its status as a Union Territory, the Union government assured that the Statehood of Jammu and Kashmir would be reinstated in due course.
The last Assembly election in this strategically significant region, which shares borders with Pakistan and China, took place in 2014. Subsequently, the elected administration was dissolved in June 2018. Following almost a year of President’s Rule, the Jammu and Kashmir Reorganisation Act of 2019 facilitated the division of the State into two Union Territories.
The Supreme Court’s recent order not only mandates the prompt conduct of Assembly elections but also underscores the imperative need for the reinstatement of Statehood in Jammu and Kashmir. The decision carries significant implications for the political landscape of the region and marks a crucial step in the ongoing process of constitutional and administrative changes initiated in 2019. As the nation awaits the unfolding developments, the order is anticipated to have far-reaching consequences for the future governance and representation of the people of Jammu and Kashmir.
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