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May 20, 2024
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Supreme Court upholds Government’s decision on Article 370 as constitutionally sound

New Delhi– In a landmark decision on Monday, the Supreme Court rendered its judgment on Article 370, affirming the government’s move to abrogate the contentious provision as constitutionally justified. The culmination of a 16-day marathon hearing, the Constitution Bench of five judges, led by Chief Justice DY Chandrachud, delivered this significant ruling, asserting the temporary nature of Article 370.

Chief Justice Chandrachud, articulating the court’s stance, emphasized that Article 370 was inherently temporary, designed for transitional purposes. He pointed out that the Constitution of India prevails in Jammu and Kashmir, reiterating that the state’s merger with the Centre unequivocally establishes it as an integral part of India. The Chief Justice underscored the superiority of the Indian Constitution over that of Jammu and Kashmir.

The constitutional bench, comprising Chief Justice DY Chandrachud, Justice Surya Kant, and Justice Gavai, presented a unanimous decision, while the remaining two judges offered separate opinions. Chief Justice Chandrachud, in his remarks, defended the President’s decision, citing its alignment with the powers vested in Article 370, Section 3. He deemed it inappropriate to question the inherent authority of the President in this matter and endorsed the government’s action as unequivocally correct.

According to ANI, “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024,” says CJI reading judgement in Article 370 matter.

Supreme Court upholds abrogation of Article 370 in Jammu & Kashmir constitutionally valid, asks Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024.

Not only this, the Supreme Court upheld the reorganization of Ladakh as a Union Territory. The Supreme Court believes that the power of the President to issue notification of abolition of Article 370 continues even after the dissolution of the Jammu and Kashmir Constituent Assembly.

The legal fraternity and the public alike have responded with a flood of reactions to this historic judgment. Even before the verdict, lawyer and former Union Minister Kapil Sibal, who represented the case, conveyed a poignant sentiment on Twitter, suggesting that some battles are fought to acknowledge defeat. Former Chief Minister of Jammu and Kashmir, Farooq Abdullah, was present in the courtroom during the announcement of the decision. The National Conference, anticipating the verdict, had previously expressed their commitment to fully respecting the Supreme Court’s decision.

In light of this significant ruling, security measures have been intensified in Jammu and Kashmir, reflecting the sensitivity and importance attached to the Supreme Court’s verdict on the abrogation of Article 370. The decision sets a precedent for the constitutional interpretation of pivotal matters affecting the unity and integration of India’s diverse regions.

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