Supreme Court asks EC to conduct elections in Jammu and Kashmir by September 2024

New Delhi: As the Supreme Court of India upheld the Union government’s 2019 decision to abrogate Article 370 of the Constitution on Monday (December 11), it directed the Election Commissions to hold assembly elections in Jammu and Kashmir by September next year. 

While pronouncing the verdict on a batch of petitions challenging the abrogation of Article 370, the Supreme Court said that elections cannot be put on hold till statehood is restored as it asked to restore statehood status of Jammu and Kashmir which was designated as a union territory as per the 2019 decision. 

“Restoration of statehood shall take place at the earliest and as soon as possible,” said the Supreme Court. “Direct elections to the Legislative Assemblies which is one of the paramount features of representative democracy in India cannot be put on hold until statehood is restored,” the verdict said. 

“We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024,” said the verdict. 

The 2019 decision to abrogate Article 370 of the Constitution ended the special status conferred to the erstwhile state of Jammu and Kashmir, while bifuracting it into two union territories. While the union government has agreed upon restoring statehood to Jammu and Kashmir, it has asserted that it wishes to maintain Ladakh as a union territory. 

While pronouncing the verdict, CJI Chandrachud held that Article 370 is a temporary provision and the power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly.