NE NEWS SERVICE
NEW DELHI, DEC 11
In a landmark verdict, the Supreme Court on Monday upheld the validity of the Union Government’s decision to abrogate Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir. The apex court also held that Article 370 of the Constitution was a temporary arrangement and the President had the power to revoke it.
We have held that Article 370 is a TEMPORARY PROVISION: Chief Justice of India. #Article370 pic.twitter.com/21jewviXdP
— All India Radio News (@airnewsalerts) December 11, 2023
- The SC directed the ECI to conduct elections to the J&K Assembly by September 30
- PM Modi: ‘A resounding declaration of hope’
The Constitution bench of the Supreme Court, led by Chief Justice of India DY Chandrachud and composed of Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, also upheld the validity of the decision to bifurcate the state into bifurcated the State into Union Territories of J&K and Ladakh.
There were three judgements in the matter- one by CJI DY Chandrachud for himself and Justices Gavai and Surya Kant. The second was a concurring opinion authored by Justice SK Kaul. Justice Sanjiv Khanna concurred with both the judgements.
“The erstwhile state of Jammu and Kashmir does not have internal sovereignty different from other states of the country,” the CJI said, adding that “all provisions of the Indian Constitution can be applied to J-K.” “We hold the exercise of presidential power to issue constitutional order abrogating Article 370 of the Constitution as valid,” the CJI said.
He said that Jammu and Kashmir became an integral part of India and this is evident from Articles 1 and 370, adding that there was a clear absence in the Constitution of Jammu and Kashmir to the reference of sovereignty.
“Article 370, which was abrogated on August 5, 2019, was an interim arrangement due to war conditions in the erstwhile state,: Justice Chandrachud said. “The princely state had become an integral part of India and this is evident from Articles 1 and 370,” the CJI said.
In the order, the CJI said that the power of the President to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly. “The Constituent Assembly of J&K was never intended to be a permanent body,” the CJI stated,
Holding that the exercise of Presidential power was valid, the CJI said that the concurrence of the State govt was not required to apply all provisions of the Constitution using Article 370(1)(d). So the President taking the concurrence of the Union Govt was not malafide.
The court also directed that steps shall be taken by the Election Commission of India to conduct elections to the J&K Assembly by September 30. It also stated that the restoration of statehood shall take place as soon as possible.
The Centre had asserted during the hearing that the status of Jammu and Kashmir as a Union Territory is only temporary and that it will be restored to statehood, while Ladakh will remain a Union Territory.
In his concurring judgment, Justice Khanna said the purpose of Article 370 was to slowly bring Jammu and Kashmir at par with other Indian states. He directed the setting up of a truth-and-reconciliation commission to probe human rights violations both by the state and non-state actors.
Justice SK Kaul, in his judgment, recommended the setting up of an impartial “Truth and Reconciliation” committee to investigate and report on the violations of human rights both by the State and non-state actors at least since the 1980s and recommend measures for reconciliation.
PM Modi ‘A resounding declaration of hope’
Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and…
— Narendra Modi (@narendramodi) December 11, 2023
Reactions from political leaders are mixed as the Supreme Court on Monday upheld Centre’s decision to abrogate Article 370 in Jammu and Kashmir as constitutionally valid.
Tweeting about the judgment, Prime Minister Narendra Modi said, “Today’s Supreme Court verdict on the abrogation of Article 370 is historic and constitutionally upholds the decision taken by the Parliament of India on 5th August 2019; it is a resounding declaration of hope, progress and unity for our sisters and brothers in Jammu, Kashmir and Ladakh.” Modi said the Supreme Court’s order today was not just a legal judgment, but a “ beacon of hope, a promise of a brighter future and a testament to our collective resolve to build a stronger, more united India”.
The Prime Minister added, “I want to assure the resilient people of Jammu, Kashmir and Ladakh that our commitment to fulfilling your dreams remains unwavering.”
— Omar Abdullah (@OmarAbdullah) December 11, 2023
Former Kashmir Chief Minister and National Conference party leader Omar Abdullah tweeted, “Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul.”
#WATCH | On Supreme Court constitutionally validating the removal of Article 370 in Jammu and Kashmir, senior Congress leader and Maharaja Hari Singh’s son Karan Singh says, “A section of people in J&K who will not be happy with this judgment, my sincere advice is that they… pic.twitter.com/4xm4x06E8S
— ANI (@ANI) December 11, 2023
Senior Congress leader and Maharaja Hari Singh’s son Karan Singh said, “I welcome it. Now it has become clear that whatever happened is constitutionally valid. I request PM Modi to restore statehood soon.” He added, “A section of people in J&K who will not be happy with this judgment, my sincere advice is that they should accept the inevitable and they should accept the fact that now this has been done and the Supreme Court has upheld the action and therefore there’s no point now unnecessarily hitting their head against the wall. Now my suggestion is that they should turn their energies towards fighting the next elections. That is where the people should now be motivated instead of developing any negativity, reported quoting Singh.
SC verdict on #Article370 – Sad and unfortunate but everyone has to accept the decision with a heavy heart. We did not expect this decision! pic.twitter.com/T96Q9ns1kP
— Ghulam Nabi Azad (@ghulamnazad) December 11, 2023
Democratic Progressive Azad Party (DPAP) President and former Congress leader Ghulam Nabi Azad said, “We are disappointed by the Supreme Court verdict.”
.@BJP4India welcomes the decision of Hon. Supreme Court pertaining to #Article370. The Constitutional Bench of the Supreme Court has upheld the process, objective, and decision to abrogate Articles 370 and 35A.
Our government, under Hon. PM Shri @narendramodi Ji, has brought…
— Jagat Prakash Nadda (Modi Ka Parivar) (@JPNadda) December 11, 2023
BJP National President J.P. Nadda, welcoming the decision tweeted, “Bharatiya Janata Party welcomes the decision given by the Honourable Supreme Court regarding Article 370. The Constitutional Bench of the Supreme Court has upheld the decision given to remove Section 370 and 35A, its process and objective. The government of Honourable Prime Minister @narendramodi ji has done the historic work of including Jammu and Kashmir in the main ideology of the country, for this I and crores of our workers express our heartfelt gratitude to the Prime Minister.”
I welcome the Honorable Supreme Court of India’s verdict upholding the decision to abolish #Article370.
On the 5th of August 2019, PM @narendramodi Ji took a visionary decision to abrogate #Article370. Since then peace and normalcy have returned to J&K. Growth and development…
— Amit Shah (Modi Ka Parivar) (@AmitShah) December 11, 2023
Welcoming the verdict, Union Home Minister Amit Shah said the Supreme Court’s judgment has proved the decision to abrogate Article 370 was completely constitutional. “On the 5th of August 2019, PM @narendramodi Ji took a visionary decision to abrogate #Article370. Since then peace and normalcy have returned to J&K,” Shah tweeted.
