In a historic decision, the Supreme Court has affirmed the abrogation of Article 370. The centre’s 2019 move intended to revoke the special status of the erstwhile state of Jammu and Kashmir. The court, led by Chief Justice of India (CJI) DY Chandrachud, upheld the decision to bifurcate the state into two Union territories: Jammu, Kashmir, and Ladakh. Article 370, introduced in 1947, granted autonomy to Jammu and Kashmir, but it was declared temporary. In the year 1954, Article 35A was added, providing special rights to permanent residents.
The 2019 revocation led to significant changes. Article 35A was scrapped, allowing non-Kashmiris to buy property and ending local control over government jobs and college admissions. The region saw increased investments in industries, healthcare, education, and tourism. Tourism flourished, separatist violence decreased, and Kashmir’s lithium reserves were highlighted.
The Supreme Court’s recent judgment emphasized that Article 370 was temporary, serving as an interim measure until the J&K Constituent Assembly made decisions on legislative competence. The court also addressed the reorganization of Jammu and Kashmir into two Union Territories, upholding Ladakh’s status but leaving the question of converting a state into a UT open.
The Jammu and Kashmir Delimitation Commission set new boundaries and seats for assembly constituencies, preparing for the first assembly elections in the Union Territory. The court dismissed challenges to the commission in 2023. The new electoral map reserved seats for scheduled tribes and allowed nominations from Kashmiri migrant communities.
Voting rights were extended to West Pakistan Refugees, enabling non-native residents to participate in elections. The move opened doors for refugees in J&K for 70 years. The Ministry of Home Affairs reported 5,746 West Pakistani Refugee families in the UT, mainly residing in Kathua, Samba, and Jammu districts, though community leaders claim a higher number.