Hyderabad: In a historic decision, the Supreme Court upheld the Centre's move to scrap special status to Jammu and Kashmir under Article 370 of the Constitution on Monday.
"The J&K constituent assembly was not intended to be a permanent body. It was formed only to frame the Constitution. The recommendation of the Constituent Assembly was not binding on the President," the Supreme Court said in its judgement.
A five-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, heard the submissions in the matter for 16 days.
However, the timeline on Article 370 is not a talk of months or few years, but it can be traced back to the year when India got its independence, 1947. Here the detailed timeline starting from 1947 to till date:
- October 26, 1947
Maharaja Hari Singh, the last ruler of J&K, signed the Instrument of Accession acceding to the Dominion of India, following an attack by a Pakistani army of soldiers and tribesmen that triggered an armed conflict between India and Pakistan. The Maharaja gave permission to the Parliament to rule over three subjects and restricted the powers of the Union to the foreign affairs, defence and communications of the Union. - January, 1948
In January 1948, India brought the Kashmir issue before the United Nations to protest against Pakistan's forced occupation of parts of Kashmir. The United Nations Security Council passed a resolution (UNSC Resolution 47) providing for ceasefire, withdrawal of Pakistani and Indian troops, plebiscite in Kashmir and for the people of Jammu and Kashmir to decide whether to become part of India or Pakistan. - 1949
On behalf of J&K, Sheikh Abdullah, Mirza Mohammed Beg, Maulana Mohammad Saeed Masoodi, and Motiram Bagra joined the Indian Constituent Assembly. These four individuals collaborated with N Gopalaswami Ayyangar and Sardar Vallabhbhai Pael over the course of the following three months to draft the J&K and India constitution. That eventually took the shape of Article 370. During deliberations, it was provisionally called Article 306. - January 26, 1950
The Indian Constitution came into force on January 26, 1950. Article 370 set three broad frameworks. Article 370 said that without the "concurrence" of its government, India would not enact laws in Jammu & Kashmir that went beyond the parameters specified in the Instrument of Accession. It further announced that Jammu & Kashmir would be exempt from all provisions of the Constitution, with the exception of Article 370 and Article 1, which established India as a "Union of States."
Any article of the Constitution may be "modified" or "exceptionally" applied to this State by the President of India, but only after "consultation" with the Government of the State." Thirdly, without the approval of the Jammu & Kashmir Constituent Assembly, Article 370 itself could not be changed or removed. - January 26, 1950(2)
Under Article 370, President of India, Dr. Rajendra Prasad issued the Constitution (Application to Jammu and Kashmir) Order, 1950, outlining the breadth and totality of the powers that the Parliament would wield in Jammu and Kashmir. It was stipulated in the Instrument of Accession that the Union would oversee communications, defense, and exterior affairs.
The precise topics that would come under these headings were specified in the President's directive. Additionally, Schedule II was introduced by the Order, and it contained a list of the amended Constitutional provisions that the State would be subject to. - October 31, 1951
J&K's Constituent Assembly was established on a crisp autumn day in Srinagar. The 75 members of the Jammu and Kashmir Constituent Assembly convened for the first time. They were members of the National Conference Party, which was led by then Prime Minister of J&K, Sheikh Abdullah. Their goal was to draft a Constitution for Jammu and Kashmir. - 1952
The Government of Jammu & Kashmir and the Government of India signed the Delhi Agreement in 1952. The agreement dealt with the Parliament's use of its residuary powers (Article 248), which were not covered by the State or Concurrent Lists. The Delhi Agreement specified that the Government of Jammu and Kashmir would hold such authority. In other states, the Union parliament usually has full authority over all residual authorities.
A few other articles of the Indian Constitution, including those pertaining to fundamental rights, citizenship, trade and commerce, Union elections, and legislative powers, were also extended to the state by the Delhi Agreement. - May 14, 1954
President of India, Rajendra Prasad issued a Presidential order to implement the terms of the Delhi Agreement, 1952. The President's order ensured the territorial integrity of Jammu and Kashmir and introduced Article 35A, which gave special rights to the permanent citizens of Jammu and Kashmir. This order was passed with the consent of the Constituent Assembly of Jammu and Kashmir. - November 17, 1956
The Constitution of Jammu and Kashmir was adopted with a declaration—‘The State of Jammu and Kashmir is and shall be an integral part of the Union of India’. - 1959
Supreme Court of India held that all Presidential orders are subject to the approval of the Constituent Assembly. - 1962
The Supreme Court upheld the President's order and said that the word "amendment" in Article 370 should be interpreted broadly, after petitions were filed arguing that the President can only make "minor" changes to the provisions of the constitution. - 1968
The Supreme Court found that Article 370 remains in force even after the dissolution of the General Assembly. That decision meant that Article 370 reached a permanent status in the constitution, despite the absence of a Constituent assembly. - 1990
Hundreds of Kashmiri youths were killed in clashes with the Indian army after they took to the streets to protest against the Indian administration. They left their hometowns in the face of increasing violence. The federal government enacted the Armed Forces Special Powers Act, which gave the armed forces new powers to combat armed warfare. - 1995
Prime Minister PV Narasimha Rao made a statement in Parliament further solidifying his commitment to uphold Article 370. He said that J&K was a vital part of India and that the President’s rule should be lifted. - March 2015
Bharatiya Janta Party formed a government with the People’s Democratic Party in March 2015 for the first time in J&K. - July 2016
Burhan Wani, Hizbul Mujahideen commander was killed in an exchange of fire with the Indian army in July 2016. Massive demonstrations took place in J&K, claiming at least 65 lives and injuring thousands. - June 2018
BJP ended its coalition with the PDP in June 2018. After which, Governor Satya Pal Malik dissolved the legislative assembly in November 2018. - December 20, 2018
President's Rule imposed while exercising powers under Article 356 of the Constitution in the state of Jammu and Kashmir. Subsequently extended on July 3, 2019. - August 5, 2019
Centre abrogated the provisions of Article 370, bestowing a special status upon the erstwhile state of Jammu and Kashmir. - August 6, 2019
First petition challenging the presidential order scrapping Article 370 filed by advocate M L Sharma, who was later joined by another lawyer from Jammu and Kashmir, Shakir Shabir. - August 10, 2019
National Conference (NC), a prominent political party from Jammu and Kashmir, filed a petition contending that the changes brought in the status of the state had taken away the rights of its citizens without their mandate. - August 24, 2019
Press Council of India moved the Supreme Court supporting the Centre and Jammu and Kashmir administration's decision to impose restrictions on communications. - August 28, 2019
The Supreme Court issued notices to the Centre, Jammu and Kashmir administration on a plea moved by Kashmir Times editor for the removal of the restrictions imposed on journalists. - September 19, 2019
The Supreme Court sets up a five-judge Constitution bench to hear pleas challenging abrogation of Article 370. - March 2, 2020
The Supreme Court declined to refer to the larger seven-judge bench batch of petitions challenging constitutional validity of Centre's decision to abrogate provisions of Article 370. - April 25, 2022
Supreme Court agreed to consider listing after summer vacation pleas challenging Centre's decision to abrogate provisions of Article 370 after one of the petitioners sought an urgent hearing in view of the delimitation exercise being carried out in Jammu and Kashmir. - July 11, 2023
The Supreme Court, in a statement said it will commence day-to-day hearing from August 2 on petitions challenging abrogation of Article 370. - August 2, 2023
The Supreme Court commences hearing on petitions challenging the abrogation of Article 370. - September 5, 2023
SC reserved verdict on 23 petitions in the matter after hearing those for 16 days. - December 11, 2023
The Supreme Court upholds the government's decision to abrogate Article 370, and says steps should be taken to conduct an election to the Assembly in Jammu and Kashmir by September 30 next year.
