Issue Brief on “Indian Supreme Court Upholds Revocation of Articles 370 and 35A”

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Introduction

On December 11, 2023, the Indian Supreme Court announced its verdict on petitions challenging Indian government’s measures of August 5, 2019, wherein it had revoked Articles 370 and 35A of the Indian Constitution that guaranteed special status for Indian Illegally Occupied Jammu and Kashmir (IIOJK) and defined “permanent residents” of the state and their special privileges. The Court, headed by Chief Justice DY Chandrachud, announced that IIOJK had no internal sovereignty after its so-called ‘accession’ to India. The verdict further read that the President’s orders of 5 August, 2019, were not a mala-fide exercise of power. It ordered the Union government to restore statehood of IIOJK and hold Legislative Assembly elections by September 2024. While acknowledging human rights violations taking place in IIOJK, Justice Kaul recommended formation of Truth and Reconciliation Commission.[1]    

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