NEW DELHI: The Supreme Court on Monday said Article 370 of the Constitution was only temporary and President’s power to revoke it still exists. A 5-bench constitution bench comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant was pronouncing its verdict on a batch of petitions challenging the abrogation of Article 370.
The apex court upheld the Modi government’s decision to abrogate Article 370, which bestowed special status to Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
“Article 370 of the Constitution was an interim arrangement due to war conditions in state. Constituent assembly of J&K was never intended to be permanent body,” CJI Chandrachud said.
Reading out the verdict, the chief justice of India said that Jammu and Kashmir did not retain element of sovereignty after joining India. “J&K became an integral part of India as reflected in Articles 1 and 370 of the Constitution,” he said while mentioning that there are three judgments by the 5-judge bench on the issue.
Rejecting the petitioners’ arguments that no irreversible action can be taken by Centre during President’s rule, the top court said, “Every decision taken by the Centre on behalf of state during presidential rule can’t be challenged”.
Here are the latest developments:
SC directs EC to conduct elections of J&K assembly by Sept 2024
The apex court directed the Election Commission (EC) to ensure that J&K assembly election is conducted by September 30, 2024.
“We direct that steps be taken by EC to conduct elections of J&K assembly by September 30, 2024,” the CJI said.
In addition, Supreme Court directed that the restoration of statehood in Union territory of J&K shall be done at the earliest.
Mehbooba put under ‘house arrest’
People’s Democratic Party (PDP) president Mehbooba Mufti was put under house arrest ahead of the Supreme Court verdict. While the party termed Mehbooba’s house arrest illegal, J&L LG Manoj Sinha said the news of house arrest or arrest of anyone ahead of the Supreme Court verdict on Article 370 is ‘totally baseless’.
“Even before Supreme Court judgement is pronounced, police has sealed the doors of the residence of PDP president Mehbooba Mufti and put her under illegal house arrest,” the party said in a post on X.
The apex court upheld the Modi government’s decision to abrogate Article 370, which bestowed special status to Jammu and Kashmir, and said steps should be taken to conduct elections in the assembly by September 30 next year.
“Article 370 of the Constitution was an interim arrangement due to war conditions in state. Constituent assembly of J&K was never intended to be permanent body,” CJI Chandrachud said.
Reading out the verdict, the chief justice of India said that Jammu and Kashmir did not retain element of sovereignty after joining India. “J&K became an integral part of India as reflected in Articles 1 and 370 of the Constitution,” he said while mentioning that there are three judgments by the 5-judge bench on the issue.
Rejecting the petitioners’ arguments that no irreversible action can be taken by Centre during President’s rule, the top court said, “Every decision taken by the Centre on behalf of state during presidential rule can’t be challenged”.
Here are the latest developments:
SC directs EC to conduct elections of J&K assembly by Sept 2024
The apex court directed the Election Commission (EC) to ensure that J&K assembly election is conducted by September 30, 2024.
“We direct that steps be taken by EC to conduct elections of J&K assembly by September 30, 2024,” the CJI said.
In addition, Supreme Court directed that the restoration of statehood in Union territory of J&K shall be done at the earliest.
Mehbooba put under ‘house arrest’
People’s Democratic Party (PDP) president Mehbooba Mufti was put under house arrest ahead of the Supreme Court verdict. While the party termed Mehbooba’s house arrest illegal, J&L LG Manoj Sinha said the news of house arrest or arrest of anyone ahead of the Supreme Court verdict on Article 370 is ‘totally baseless’.
“Even before Supreme Court judgement is pronounced, police has sealed the doors of the residence of PDP president Mehbooba Mufti and put her under illegal house arrest,” the party said in a post on X.
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