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Business News/ News / India/  Centre's decision abrogating Article 370 in Jammu & Kashmir ‘valid’. 10 key takeaways from Supreme Court's judgment
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Centre's decision abrogating Article 370 in Jammu & Kashmir ‘valid’. 10 key takeaways from Supreme Court's judgment

Supreme Court has upheld the centre's decision to abrogate Article 370 in the Jammu & Kashmir and also to carve out the Union Territory of Ladakh from the erstwhile state.

New Delhi: Chief Justice of India DY Chandrachud during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution, in New Delhi, Monday, Dec. 11, 2023. (PTI Photo)(PTI12_11_2023_000034A) (PTI)Premium
New Delhi: Chief Justice of India DY Chandrachud during pronouncement of verdict on a batch of petitions challenging the abrogation of Article 370 of the Constitution, in New Delhi, Monday, Dec. 11, 2023. (PTI Photo)(PTI12_11_2023_000034A) (PTI)

A five-judge bench of the Supreme Court delivered the much-awaited verdict on a batch of petitions challenging the central government's decision to abrogate Article 370 in 2019. While upholding the exercise of abrogating Article 370, the Supreme Court also directed the Centre to restore statehood to the Union territory of Jammu & Kashmir at the earliest.

Also Read| Article 370 verdict LIVE updates: PM Modi terms SC verdict on abrogation of Article 370 historic

Top 10 updates on Supreme Court's order on Article 370: 

1) The Supreme Court has upheld the central government's decision to abrogate Article 370 of the Constitution, while holding that Jammu & Kashmir has no internal sovereignty different from other states of the country.

CJI DY Chandrachud, while writing the judgment for himself, Justices Gavai and Surya Kant, observed, "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 Constitution as valid," 

2) The 5 judge bench of the apex court also upheld the government's decision to carve out the union territory of Ladakh from the erstwhile state of Jammu & Kashmir. 

3) The CJI-led bench also held that assembly elections should be held in the union territory of Jammu & Kashmir by September 30 next year and also directed that the statehood of J&K should be restored at the earliest.

4) CJI DY Chandrachud said that Article 370 was an interim arrangement due to the war conditions in the erstwhile state. He also observed that Jammu & Kashmir had become an integral part of India which was evident from Articles 1 and 370. Justice SK Kaul also concurred with the CJI's judgement on the matter and observed that Article 370 was meant to gradually bring the erstwhile state of J&K at par with other Indian states.

5) CJI DY Chandrachud also stated that the principle of consultation was not required to be followed during the exercise of presidential power 

6) Every decision of the central government taken on behalf of the states cannot be subject to a legal challenge and can lead to state's administration coming to a standstill, CJI Chandrachud said in his judgement.

7) " 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 said.

8) The Supreme Court bench assembled at 10:56 am to pronounce three separate and concurring judgements while Justices Kaul and Khanna wrote their judgements separately, reported PTI. Supreme Court had earlier reserved its judgement in the matter on September 5.

9) Even before the Supreme Court could pronounce the final verdict on the batch of petitions challenging the abrogation of Article 370, People's Democratic Party (PDP) president and former CM of Jammu & Kashmir Mehbooba Mufti was put under house arrest while journalists weren't allowed to gather near National Conference President Farooq Abdullah and Vice-President Omar Abdullah's residence at Gupkar Road, reported PTI.

10) Jammu & Kashmir Lieutenant Governor Manoj Sinha and the local administration have denied the charges by PDP and NCP that their top leaders have been put under house arrest. Clarifying its stance via a post on X (formerly Twitter), Srinagar Police wrote, “No person has been put under house arrest," Srinagar Police said in a post on X.

 

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Published: 11 Dec 2023, 12:36 PM IST
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