In a landmark ruling on Monday, the Supreme Court upheld the central government’s choice to repeal Article 370 of the Constitution in 2019. The five-judge panel headed by Chief Justice India (CJI) DY Chandrachud ordered the restoration of statehood of that Union area in Jammu and Kashmir at the time, as well as to direct the Election Commission of India (ECI) to conduct elections for the legislature before September 30th, 2024.
The five-judge bench, which includes Chief Justice DY Chandrachud as well as justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant (PTI). The apex court also confirmed the legitimacy of the decision to cut out the Union Territory of Ladakh from Jammu and Kashmir on August 5th, 2019.
Here are the main conclusions from the SC’s verdict on abrogation of Article 370:
- CJI Chandrachud held that every decision made by the federal government on behalf of states could not be subject to legal challenges and could cause the State’s government to reach an impasse.
- The court further stated that the president of India could abrogate Article 370 without requiring a recommendation from Jammu and Kashmir assembly members.
- It was also determined in favor of the concept that consultation (with parties) was not a prerequisite when exercising executive power.
- The CJI further stated that Article 370 was an interim arrangement to deal with the conflict conditions in the former State.
- “The proclamation of Maharaja stated that the Constitution of India will supersede. With this, the para of Instrument of Accession ceases to exist…Article 370 was an interim arrangement due to war conditions in the State. Textual reading also indicates that Article 370 is a temporary provision,” the court noted.
- Prime Minister Modi Monday described his Monday speech on the Supreme Court verdict on the abrogation of Article 370 as “historic.” Modi declared the ruling a “resounding declaration of hope, progress, unity for our sisters and brothers in J&K, Ladakh.”
- The members of the Gupkar alliance, including PDP head Mehbooba Mufti and NC vice president Omar Abdullah, claimed they were detained in the house before the SC verdict was due to be announced.
- However, Lieutenant Governor Manoj Sinha had dismissed the assertions, calling them “baseless”. Srinagar Police also clarified that Srinagar Police also clarified, “No person has been put under house arrest.”