The Indian Supreme Court upheld the Union Government’s 2019 decision to repeal the special status accorded to the state of Jammu & Kashmir under Article 370 of the India Constitution on Monday.

The Court declared Article 370 a temporary provision, stating that the constitution did not indicate that Jammu and Kashmir should retain sovereignty after both acceded to the country and became integral parts of India.  The court highlighted that while various states in the country enjoy legislative and executive powers up to various degrees, it is usually only asymmetric federalism and not sovereignty.  The Court, headed by Chief Justice of India Dhananjaya Yeshwant Chandrachud, held that the purpose and intent underlying the adoption of Article 370 can be deduced from the marginal note to Article 370, which states that the Article deals with “temporary provisions with respect to the State of Jammu and Kashmir.” 

The Court also issued a direction to the Election Commission of India to ensure that elections to the Jammu and Kashmir Legislative Assembly are conducted by September 30th next year. The Court also recommended the government form a Truth and Reconciliation Commission to acknowledge the alleged human rights abuses in Jammu and Kashmir by both state and non-state actors. Justice Sanjay Kishan Kaul said:

[A] Truth and Reconciliation Commission could facilitate a reparative approach, that enables forgiveness for the wounds of the past and forms the basis of achieving a shared national identity. The Commission needs to be established before memories fade. The exercise needs to be time-bound.

Jammu and Kashmir lost its special status in 2019 when the President promulgated an order revoking the region’s constitutional autonomy.