National Desk, 11th December: In a landmark decision on December 11, 2023, the Supreme Court of India directed the Election Commission of India (ECI) to organize elections for the Legislative Assembly of Jammu and Kashmir by September 30, 2024. Chief Justice D.Y. Chandrachud, reading the judgment in the Article 370 matter, stated, “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024.”
This directive follows a series of legal and political developments revolving around the autonomy of the region and its integration into the Indian Union. The context of this decision lies in the abrogation of Article 370 on August 5, 2019, which nullified the special status previously accorded to Jammu and Kashmir under the Indian Constitution, leading to the bifurcation of the state into two Union Territories: Jammu and Kashmir and Ladakh.
The region’s last assembly elections were held in November-December 2014, resulting in a coalition government formed by the Jammu and Kashmir Peoples Democratic Party and the Bharatiya Janata Party, with Mufti Mohammad Sayeed serving as the Chief Minister until his demise on January 7, 2016.
The Supreme Court’s order reiterates the temporary nature of Article 370 and affirms the President of India’s authority to revoke it. The court also upholds the decision’s validity to create the Union Territory of Ladakh separately from Jammu and Kashmir. Chief Justice D.Y. Chandrachud emphasized that Jammu and Kashmir’s accession to India, ratified by the state’s Constituent Assembly on February 6, 1954, makes it an integral part of the country, as reflected in Articles 1 and 370 of the Indian Constitution.
The court’s directive for the ECI to conduct assembly elections by the end of September 2024 is a pivotal step toward reinstating democratic processes in the region. It aligns with the court’s call for the prompt restoration of Jammu and Kashmir’s statehood. The ECI is now tasked with ensuring a smooth electoral process, setting the stage for the establishment of a new legislative body in the Union Territory.
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