Centre’s Decision Abrogating Article 370 In Jammu & Kashmir ‘valid.’ 10 Key Takeaways From SC’s Judgment

Abrogating Article 370

A five-judge bench in the Supreme Court made the much-awaited verdict on the batch of petitions that challenged the central’s decision to abrogate the Article 370 in 2019. During the process of exercising to abrogate Article 370, the Supreme Court directed the Central government to restore the statehood of the Union territory of Jammu & Kashmir as soon as possible.  

The top 10 updates on the Supreme Court’s order on Article 370 are: 

  1. “The Supreme Court has upheld the Central government’s decision to aborgate Article 370 of the Constitution while holding that Jammu & Kashmir has no internal sovereignty different from other states of the country.”
  1. “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.”
  1. “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.”
  1. “CJI DY Chandrachud said, “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 judgment 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.”
  1. “CJI DY Chandrachud also stated that the principle of consultation was not required to be followed during the exercise of presidential power.”
  1. “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.”
  1. “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.
  1. “The Supreme Court bench assembled at 10:56 am to pronounce three separate and concurring judgments while Justices Kaul and Khanna wrote their judgments separately, reported PTI. Supreme Court had earlier reserved its judgement in the matter on September 5.”
  1. “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.”
  1. “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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