The five-judge bench comprising Chief Justice DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution, in New Delhi, Monday, Dec 11, 2023.
Credit: PTI Photo
A timeline of Article 370 of the Constitution
1947: Maharaja Hari Singh, the last ruler of Jammu and Kashmir, signs the Instrument of Accession on October 26th, 1947 acceding to the Dominion of India. The Maharaja agreed to allow the Parliament to govern three subjects and limited the Union’s powers to Foreign Affairs, Defence and Communications.
1950: Constitution of India comes into force on January 26. The President issues first Constitutional Order under Article 370
1952: The Delhi Agreement between the Union of India and the J&K government: It stated that residuary powers (Article 248) exercised by the Parliament that fell outside of the scope of the State or Concurrent Lists would be vested in the hands of the J&K government.
1954: President issues the Constitutional Order of 1954, implements Delhi Agreement which guaranteed territorial integrity to J&K and introduced Article 35A conferring special rights to permanent citizens of J&K. This order was passed with the concurrence of the J&K Constituent Assembly.
1956: Constitution of J&K comes into force
1962: Supreme Court holds that President has wide powers to amend Constitutional Provisions in J&K
1968: SC holds that Article 370 is a permanent feature of the Constitution
2016: SC holds that Article 370 will cease to operate only after the recommendation of the J&K Constituent Assembly, which was dissolved in 1957
2018: President's Rule imposed while exercising powers under Article 356 of the Constitution in the state of J&K. Subsequently extended on July 3, 2019.
August 5, 2019: President issues an order amending the meaning of ‘Constituent Assembly’. Centre abrogates the provisions of Article 370, bestowing a special status upon the erstwhile state of J&K
August 9 2019: J&K bifurcated into two union territories
August 28, 2019: Constitutionality of the Presidential Order is referred to a 5-Judge bench in the SC
March 2, 2020: Supreme Court refuses to refer the matter to a larger constitution bench
April 25, 2022: SC agrees to consider listing after summer vacation pleas challenging abrogation of Article 370 after one of the petitioners seeks urgent hearing in view of delimitation exercise being carried out in J&K.
July 3, 2023: Article 370 is listed before a new five-judge bench
August 2, 2023: SC commences hearing on petitions challenging abrogation of Article 370.
September 5, 2023: Apex Court reserves verdict on 23 petitions in the matter after hearing those for 16 days.
December 11, 2023: SC upholds government's decision to abrogate Article 370, says steps should be taken to conduct election to Assembly in the UT by September 30, 2024.