The Supreme Court of India on Monday upheld the government’s abrogation of Article 370 in Jammu and Kashmir, announcing that the Article was a temporary provision. The bench comprised of Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.

Article 370 was drafted in Part XXI of the Indian Constitution titled “Temporary, Transitional and Special Provisions” and gave special status to J&K including the power to have a separate constitution, a state flag, and autonomy of internal administration. All clauses of Article 370 except clause 1 was made inoperative by a Presidential order on 6 August 2019 after having passed the Parliament of India on 5 August 2019.

The Supreme Court on Monday held that J&K had no element of sovereignty or internal sovereignty and the concurrence of the state government was not required to apply all provisions of the Constitution using Article 370(1)(d).

The court also directed the Government of India to expedite the process to restore statehood for Jammu and Kashmir. It also directed the Election commission of India to hold elections in J&K by 30 September 2024.

Supreme Court judge Justice Sanjay Kishan Kaul recommended setting up of “Truth & Reconciliation Commission” to investigate and report human rights violations carried out in Kashmir valley since 1980s.

“The commission must be set up before memory escapes. The exercise must be time-bound. There is an entire generation of youth that has grown up with a feeling of distrust and it is to them that we owe the greatest day of liberation,” he said.

Justice Kaul also urged a “reparative” approach so that the commission could enable “achieving forgiveness for the purpose of shared national identity”.

“Much will be achieved when people of Kashmir open their hearts to embracing the past and facilitating the people who were compelled to migrate to come back with dignity. Whatever has been has been, but the future is ours to see,” he said.