Article 370 Verdict: The Constitution bench of the Supreme Court will announce its verdict on petition and pleas that challenge the revocation of Article 370 in Jammu and Kashmir. This resulted in dividing the state in two federally administered territories.
The central question before the court is the validity of the August 2019, decision by the Central government to revoke Article 370 and its related provisions, including Article 35A. The court may uphold the government's decision or declare it unconstitutional, potentially leading to significant legal and political ramifications.
The verdict was reserved by the Supreme Court on September 5 2023 and a five-judge Constitution bench headed by Chief Justice of India DY Chandrachud will be delivering the judgement on 11 December 2023. The bench will consist of:
- DY Chandrachud
- SK Kaul
- Sanjeev Khanna
- BR Gavai
- Surya Kant
This landmark judgement has the potential to significantly impact the political and legal landscape of the region. There are many arrangements organised in the region if any tense situations and conflicts arise due to the verdict.
The abrogation of Article 370 and the reorganisation of the region raised questions about the political representation of the people of Jammu and Kashmir. The court's verdict may provide clarity on the future of the region and about the political landscape including elections and the formation of a democratically elected government in the region.
What are the Key Provisions of Article 370?
Key Provisions of Article 370 and 35A:
- Article 370 granted special status to Jammu and Kashmir, restricting the central government's legislative powers in the state except for defence, foreign affairs, and communications.
- Article 35A, which was incorporated through a presidential order in 1954, empowered the state legislature to define permanent residents of Jammu and Kashmir. This provision restricted property rights and government jobs to permanent residents, excluding outsiders.
Article 370 Verdict Key Highlights
Three Judgements to be Delivered in the Verdict
The upcoming Supreme Court verdict on the abrogation of Article 370 is actually a single verdict encompassing three separate petitions challenging the abrogation. This intricate decision will have far-reaching consequences for Jammu and Kashmir and its relationship with the rest of India.
Supreme Court Rejects Petetioners' Case
The Supreme Court of India has upheld Article 370, which provides special status to Jammu and Kashmir. The Court dismissed the arguments of petitioners who challenged the validity of the article, confirming its continuation as a temporary provision in the region. This ruling is expected to have significant implications for the future of Jammu and Kashmir and its relationship with the rest of India.
Supreme Court Backs Presidential Order
The Supreme Court of India has upheld the Presidential order abrogating Article 370, which had granted special status to Jammu & Kashmir for decades. Chief Justice of India, D.Y. Chandrachud, delivered the verdict, stating that the President was empowered to apply all provisions of the Constitution to J&K with the consent of the central government and didn't require the concurrence of the state assembly.
Supreme Court Summarises Rulings on Jammu & Kashmir
The Supreme Court of India has concluded its hearing on the challenges to Article 370, which granted special status to Jammu & Kashmir. In a comprehensive judgment, Chief Justice of India D.Y. Chandrachud delivered three key verdicts:
1. No Sovereignty for J&K: The state of Jammu & Kashmir no longer retains any element of sovereignty, including internal sovereignty. Article 370, previously seen as a symbol of autonomy, is now clarified to be a feature of "asymmetric federalism" rather than sovereignty. This effectively removes any remaining legal basis for claims of J&K's independence.
2. Presidential Proclamation and Judicial Review: While the petitioners did not directly challenge the Presidential Proclamation issued to abrogate Article 370, the Court clarified that the President's subsequent actions are subject to judicial review. This implies that future decisions made by the President in relation to J&K can be challenged in court.
3. Parliament's Powers under Article 356(1): The Court affirmed that Parliament's power to exercise legislative powers on behalf of the state assembly under Article 356(1) extends beyond just law-making. This implies that the central government can take broader administrative and executive actions in J&K, even when the state assembly is not in session.
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
Supreme Court Orders J&K Elections by September 2024
Alongside its rulings on Article 370, the Supreme Court of India has instructed the Election Commission of India to conduct elections in Jammu and Kashmir by September 30, 2024. This directive marks a crucial step towards restoring normalcy and democratic governance in the region.
Hearing Ends: Supreme Court Upholds Article 370 Abrogation, Calls for Restoration of Statehood
Justice Sanjeev Khanna of the Supreme Court has concluded the hearing on the abrogation of Article 370, upholding the government's decision to remove the special status of Jammu and Kashmir. While upholding the abrogation, Justice Khanna placed a strong emphasis on the importance of restoring statehood to the region soon.
READ| Explainer: What is the meaning of Abrogation of Article 370 in Kashmir?
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