BackArticle 370 case hearing: Union Territory status of Jammu and Kashmir not ‘permanent’, Govt tells SC. Top points
Supreme Court hears cases challenging abrogation of Article 370 for the twelfth day. Centre to make statement on August 31 on the Union Territory status of Jammu and Kashmir. The apex court also insisted on the restoration of electoral democracy in Jammu and Kashmir
PremiumThe Supreme Court of India is hearing cases challenging the abrogation of Article 370 granting special status to Jammu and Kashmir. This is the twelfth day of hearing. On Monday Chief Justice of India DY Chandrachud had mentioned that the now scrapped Article 35A has taken away all privileges of the residents of Jammu and Kashmir.
On Tuesday the Indian government informed the apex court that that the union territory status of Jammu and Kashmir is not a “permanent thing". "The union territory status of Jammu and Kashmir is not a permanent thing. So far as Ladakh is concerned, its UT status is going to remain for some time," Mehta said.
Here are top points to Article 370 hearing in SC
-The Centre told the Supreme Court on Tuesday that it will make an elaborate statement on the vexatious political issue of in the court on August 31.
-The central government's response was conveyed to the court by Solicitor General Tushar Mehta, after a five-judge constitution bench headed by Chief Justice DY Chandrachud asked it to set a specific time frame for restoration of electoral democracy in the erstwhile state.
-The top government law officer said he will make an elaborate statement on the future of the union territory status of J-K and Ladakh before the bench, which also comprises Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant, on August 31.
-The bench, which was hearing Mehta’s submissions defending the Centre’s decision to do away with the special status of the former state and its reorganisation, said, “Democracy is important, although we agree that in view of the national security scenario, reorganisation of the state can be done."
-The court, however, said lack of electoral democracy cannot be allowed to go on indefinitely.
"This has to come an end... give us the specific time frame as to when will you restore actual democracy. We want to record this," the bench said, and asked Mehta and Attorney General R Venkataramani to seek instructions from the political executive and get back to the court.
-In 2019, union Home Minister Amit Shah proposed that Article 370 and Article 35A be scrapped. The then President Ram Nath Kovind issued an order, the Constitution (Application to Jammu and Kashmir) Order, 2019, stating that the provisions of the Indian Constitution will henceforth be applicable to Jammu and Kashmir, which according to experts brought the northern state ‘at par’ with other states of India
-PDP president Mehbooba Mufti was placed under preventive house arrest, along with other PDP leaders in 2019. Lockdown like situation was imposed in Jammu and Kashmir as tension erupted in the state, with residents protesting the decision.
-During the hearing on petitions challenging the abrogation of Article 370, the matter was raised to remove Article 35A. CJI Chandrachud on Monday noted that ‘35A took away three fundamental right’.
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