Article 370 Verdict
The Supreme Court has now approved the government’s decision to abolish Article 370, which gives special status to Jammu and Kashmir. Know how Article 370 was abolished.
Article 370 Verdict: The Supreme Court has given a historic verdict on Article 370. The Supreme Court has constitutionally upheld the Parliament’s decision of August 5, 2019 to make Article 370 ineffective. The Supreme Court, while upholding the decision to abrogate Article 370 which gave special status to the erstwhile state of Jammu and Kashmir, has said that it was a temporary provision.The President has the ability to revoke it. . Know how Modi government had canceled Article 370, which was approved by the Supreme Court.
Article 370: Five judges and three verdicts; These 8 big things were mentioned in the hearing on Article 370
SC verdict on abrogation of Article 370 The Supreme Court today (December 11) has upheld the decision to remove Article 370 from Jammu and Kashmir.A five-judge constitutional bench heard the case.A five-judge constitutional bench heard the case. Giving relief to the Central Government, the Supreme Court said that Jammu and Kashmir is an integral part of India. It has no internal sovereignty.
Digital Desk, New Delhi. SC verdict on abrogation of Article 370. Article 370 has now become history. The Supreme Court today (11 December) has upheld the decision to remove Article 370 from Jammu and Kashmir. A five-judge constitutional bench heard the case.
The bench of Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjeev Khanna, Justice BR Gavai and Justice Surya Kant has given the verdict on Article 370. Giving relief to the Central Government, the Supreme Court said that Jammu and Kashmir is an integral part of India. It has no internal sovereignty.
Article 370 Verdict
Big things about the Supreme Court’s decision
- First of all, CJI DY Chandrachud said that three decisions have been given by a bench of five judges on the issue of Article 370 verdict.
- The CJI said that there is no need for the Supreme Court to rule on the validity of the President’s proclamation in Jammu and Kashmir as the petitioners have not challenged it.
- The petitioners argued that the Center could not take any irreversible action while the President was in office, but the Supreme Court dismissed their claims.
- The CJI said that every decision taken by the Center on behalf of the state during President’s rule cannot be challenged.
- Jammu and Kashmir does not have internal sovereignty separate from other states in the country: CJI
- Jammu and Kashmir is an integral part of India, this is clear from Articles 1 and 370 of the Constitution: CJI
- CJI says that Article 370 verdict of the Constitution was temporary, the President’s power to abrogate it still exists.
- The CJI said that Article 370 was an interim arrangement due to the war situation in the state.
- The CJI said that the Constituent Assembly of Jammu and Kashmir was never intended to be a permanent body.
- When the Constituent Assembly of Jammu and Kashmir ceased to exist, the special condition for which Article 370 was imposed also ceased to exist: CJI
- We believe that the President seeking the consent of the Union and not the State is legitimate, all provisions of the Indian Constitution can be applicable to Jammu and Kashmir: CJI
- CJI said, we direct that statehood should be restored in the Union Territory of Jammu and Kashmir as soon as possible.
The Supreme Court said that we consider the exercise of the President’s power to issue a constitutional order to abrogate Article 370 of the Constitution as legitimate.
- CJI said, we maintain the validity of the decision to create the Union Territory of Ladakh from Jammu and Kashmir.
- CJI said it was not necessary to follow the principle of consultation and cooperation in the exercise of presidential power
- Agreeing with the CJI, Justice SK Kaul said that the objective of Article 370 was to gradually bring Jammu and Kashmir at par with other Indian states.
- Requirement of recommendation of J&K Constituent Assembly in Article 370 cannot be read in a manner that renders larger intention void: Justice Kaul.
- In Jammu and Kashmir, preparations should be made for early elections. Elections in Jammu and Kashmir should take place by September 30, 2024
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