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Business News/ News / ‘Chaos, uncertainty': CJI Chandrachud on why every decision taken by Centre can’t be challenged
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‘Chaos, uncertainty': CJI Chandrachud on why every decision taken by Centre can’t be challenged

Chief Justice Chandrachud has said that every decision taken by the Union government on behalf of the state is ‘not subject to challenge’

Chief Justice of India DY Chandrachud during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution (PTI)Premium
Chief Justice of India DY Chandrachud during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution (PTI)

During the hearing of the Article 370, the Supreme Court rapped the petitioners, saying every decision taken by the Union government on behalf of the state is not subject to challenge in the top court. In its ruling, the Supreme Court also upheld the abrogation of the provisions of Article 370 but directed restoration of statehood at the earliest. It asked the Election Commission of India (ECI) to hold elections in Jammu and Kashmir. CJI Chandrachud-led Supreme Court made these remarks during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution.

During the hearing of the Article 370, the Supreme Court said, “There are innumerable decisions taken by the Union government on behalf of the State government for the purpose of day to day administration. Every decision and action taken by the Union executive on behalf of the State is not subject to challenge."

The Supreme Court noted that if every decision of the Centre is cannot be open for challenge, else, the court said, it would lead to chaos and uncertainty. “Opening up challenge to every decision would lead to chaos and uncertainty. It would put administration at a standstill," the Supreme Court said.

Also Read | Article 370 Verdict: SC upholds reorganisation of Ladakh as Union Territory

“The exercise of the President's power for everyday running of business cannot be subject to regular judicial review…The argument that during President's Rule, you could not have taken an irreversible decision without resorting to Article 368 is not correct. If Article 370 was to enable complete national integration of Jammu and Kashmir, then that purpose was over," the Supreme Court said.

SUPREME COURT RULING ON ARTICLE 370

The Supreme Court has unanimously upheld the abrogation of Article 370 but directed that the statehood of Jammu and Kashmir be restored “at the earliest" and “as soon as possible".

The Supreme Court has also directed the Election Commission to hold the elections in Jammu and Kashmir by September 30, 2024. “We direct that steps shall be taken by the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir constituted under Section 14 of the Reorganisation Act by 30 September 2024," CJI Chandrachud said.

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Published: 11 Dec 2023, 01:32 PM IST
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