Live Updates on Article 370 Verdict: In 2019, the Central government abolished the special status of the erstwhile state of Jammu and Kashmir, dividing it into two Union Territories – Jammu and Kashmir and Ladakh.
Supreme Court Delivers Verdict On Legality Of Abrogation Of Article 370
The Supreme Court, currently deliberating on the constitutional validity of the Centre’s decision to revoke ‘Article 370,’ refused to pass judgment on the imposition of Presidential rule in Jammu and Kashmir in December 2018, citing that it wasn’t specifically contested by the petitioner, as stated by the Chief Justice of India. The Chief Justice clarified that Article 370 was initially a temporary provision.
Following a 16-day-long hearing, a five-judge Constitution bench led by Chief Justice DY Chandrachud, responded to multiple petitions challenging the government’s actions four years ago. The court’s decision, issued on December 11, validated the Constitutional order that nullified Article 370.
The petitioners contended that the Centre couldn’t unilaterally revoke Article 370, arguing that the powers of the Constituent Assembly were transferred to the Jammu and Kashmir legislature after its dissolution in 1957.
CJI Chandrachud Ruled Abrogation Of Article 370 In 2019 Is Just and Legally Valid
Chief Justice DY Chandrachud, announcing the verdict, stated that Jammu and Kashmir lost its internal sovereignty after accession to India. He found no prima facie evidence that the President’s 2019 orders were malicious or an improper exercise of power. While acknowledging the temporary nature of the reorganization into Union Territories in 2019, the court instructed the Centre to restore statehood and conduct Legislative Assembly elections.
In his concurring opinion, Justice Kaul proposed the establishment of a Truth and Reconciliation Commission in Jammu and Kashmir to recognize alleged violations committed by the State and its actors in the region.