"Supreme Court Affirms Jammu & Kashmir Integral to India: Verdict Upholds Article 370 Removal"
Supreme Court Verdict on Article 370: 'Integral Part of India is Jammu & Kashmir', Supreme Court Affirms Removal of Article 370
Highlights:
- The Supreme Court's decision on Article 370.
- Removal of Article 370 deemed constitutionally valid - CJI.
SC Verdict: Chief Justice Delivers Decision on Article 370 Removal from
J&K
The panel chaired by Chief Justice of India, Justice D.Y. Chandrachud, along
with Justices Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Suryakant,
delivered the verdict today on the petitions challenging the government's
decision to abrogate Article 370 from Jammu and Kashmir, on December 11th.
The Constitution Bench of five judges of the
Supreme Court has delivered its verdict on the petitions challenging the
removal of Article 370. He mentioned that questioning the decisions made by the
Center is not appropriate. The decisions taken by the President are legitimate.
CJI stated that every decision taken by the state's government cannot be
subject to challenges by the Center. Doing so it will lead to disorderliness,
uncertainty, and a halt in the administration of the state.
Jammu and Kashmir is an Integral Part
- CJIRegarding Article 370, the
Supreme Court affirmed that Article 370 was meant for the constitutional
integration of Jammu and Kashmir with the Union of India. Its purpose was not
for disintegration, and the President can announce that the existence of Article
370 has come to an end.
The Supreme Court, over the course of 16
consecutive days in September, listened to arguments from all sides before
reaching a decision.
Different Opinions Presented Chief Justice
Chandrachud mentioned that there are three separate opinions among the five
judges. While there are three different viewpoints, they all concur on the
decisions that need to be pronounced.
He clarified that during this judgment, the court hasn’t decided on imposing President’s Rule in the state. According to Article 356, the President has powers, but it's not mandatory to invoke it. The constitutionality should be upheld judiciously.
Benefits of Removing Article 370 The Chief
Justice clarified that it wasn’t necessary for the President to issue orders
concerning Article 370 only after the recommendations of the Jammu and Kashmir
Constituent Assembly. Nullifying Article 370 strengthened the integration of
Jammu and Kashmir with the rest of India.
The Center’s Decision Stands The Supreme
Court asserted that the removal of Article 370 from Jammu and Kashmir is
constitutionally valid, and the decision of August 5, 2019, remains intact and
unchanged.
Elections in Jammu and Kashmir Soon The Chief
Justice suggested conducting elections in Jammu and Kashmir at the earliest
based on the new framework. The Center has been directed accordingly. The
restoration of statehood to Jammu and Kashmir has been advised.
Different Stances Presented in the Case
During the 16-day hearings, the Court heard arguments from the Center and
intervenors, including Attorney General R. Venkataramani, Solicitor General
Tushar Mehta, and senior counsels Harish Salve, Rakesh Dwivedi, V. Giri, among
others, defending the abrogation of Article 370 and other issues related to the
Jammu and Kashmir Reorganization Act of 2019.
Removal of Article 370 Constitutionally Valid
- CJIChief Justice Chandrachud stated that the
decision to remove Article 370 will remain valid constitutionally.
Supreme Court's Decision on Article 370The Constitution Bench, comprising Chief Justice D.Y. Chandrachud,
Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai, and
Justice Surya Kant, upheld the Center's decision to revoke Article 370.
- CJI affirmed that the decision taken by the President is valid. All provisions of the Indian Constitution can be applicable to Jammu and Kashmir.
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