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In the Supreme Court judgment on Article 370 abrogation (December 2023), the Court held that:
- Article 370 was a permanent feature of the Constitution
- Article 370 was a temporary provision and the President had power to render it inoperative
- Jammu and Kashmir could never be bifurcated into Union Territories
- Statehood must be restored immediately without elections
Answer: Article 370 was a temporary provision and the President had power to render it inoperative
Supreme Court judgment (December 11, 2023): 5-judge Constitution Bench unanimously held: (a) Article 370 was a temporary provision facilitating J&K's integration, (b) President had power under Article 370(3) to declare it inoperative after Constituent Assembly dissolved, (c) Governor's concurrence valid during President's Rule, (d) J&K's bifurcation into UTs valid temporarily, (e) Directed restoration of Statehood and holding of Assembly elections by September 2024. Balanced constitutional interpretation with practical federal considerations.