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The court instructed the Election Commission to conduct legislative assembly elections in Jammu and Kashmir by September 30, 2024.
The Supreme Court emphasised the urgent need for the restoration of statehood in Jammu and Kashmir, advocating for its earliest reinstatement while ensuring the Union Territory status of Ladakh remains unchanged.
Upholding the Union Territory status of Ladakh, the court clarified that its separation from Jammu and Kashmir aligns with constitutional provisions, considering security concerns in the region.
The Court validated the President's power under Article 370(3), deeming it a legitimate culmination of the integration process, asserting that the concurrence of the state government was not necessary for the application of constitutional provisions.
Highlighting that not every government decision should be subject to legal challenges, the Court said the adverse impact such challenges can have on the governance and administration of a state.
Justice Sanjay Kishan Kaul recommended setting up a Truth and Reconciliation Committee to investigate human rights violations while focusing on the importance of acknowledging past wrongs for reconciliation and healing.
Acknowledging the pain endured by the people of Jammu and Kashmir, Justice Kaul said that healing wounds and creating a better future is crucial; he left the formation of the Truth and Reconciliation Commission to the government.