Supreme Court of India Upholds Government’s Decision to Revoke Article 370 in Jammu and Kashmir

In a landmark verdict on Monday, the Supreme Court of India upheld the government’s move to abrogate Article 370, which granted special status to the erstwhile state of Jammu and Kashmir. Chief Justice of India D Y Chandrachud, along with Justices Gavai and Surya Kant, asserted that steps should be taken to conduct assembly elections in the region by September 30 next year.

The supreme court of India also directed the swift restoration of statehood to the union territory of Jammu and Kashmir. Chief Justice Chandrachud, in his judgment, emphasized that Article 370 of the Constitution was a temporary provision, and the president possessed the authority to revoke it.

Furthermore, the Supreme Court validated the decision to bifurcate the state into two union territories, Jammu and Kashmir, and Ladakh, on August 5, 2019. On that historic day, the government not only abrogated Article 370 but also separated Ladakh from Jammu and Kashmir. The Chief Justice clarified that the erstwhile state did not possess internal sovereignty distinct from other states in the country.

“All provisions of the Indian Constitution can be applied to J-K,” Chief Justice Chandrachud stated, underscoring the validity of the exercise of presidential power in issuing a constitutional order to revoke Article 370.

Meanwhile Home Minister of India Amit Shah tweeted and welcomed the decision of the apex court.

The judgment emphasized that Jammu and Kashmir had become an integral part of India, evident from both Articles 1 and 370. Chief Justice Chandrachud highlighted that the Constituent Assembly of J&K was never intended to be a permanent body and that Article 370 was an interim arrangement due to war conditions in the region.

The decision marks a significant legal precedent, clarifying the constitutional status of Jammu and Kashmir and reinforcing its integration with the rest of the country. As the nation grapples with this monumental ruling, the apex court’s directive for the restoration of statehood adds a crucial dimension to the unfolding developments in the region.

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