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'No Special Status For J&K': In Historic Verdict, Supreme Court Upholds Abrogation Of Article 370
In a landmark judgment delivered Monday, the Supreme Court upheld the abrogation of Article 370 as constitutionally valid.
Updated Dec 11, 2023 , 12:47 PM IST
'No Special Status For J&K': In Historic Verdict, Supreme Court Upholds Abrogation Of Article 370
Photo : PTI
In a big win for the Centre, the Supreme Court on Monday upheld the abrogation of Article 370, which granted special status to Jammu and Kashmir. Delivering its verdict, the top court said that Article 370 was a temporary provision.
The ruling came during the top court's hearing on a batch of petitions by the People's Democratic Party (PDP) and the National Conference (NC) challenging the abrogation of Article 370.
Article 370 was abrogated in 2019 to split the state into two Union Territories - Jammu and Kashmir and Ladakh.
Delivering its verdict, the top court said, "Not every decision of the Centre can be challenged. Jammu and Kashmir did not retain its sovereignty when it decided to join the Union of India."
The apex court also urged the Centre to restore statehood to Jammu and Kashmir as soon as possible.
"Hold elections by September 30, 2024. Restore statehood as early as possible," the top court said, while delivering its judgment.
Below are some of the key highlights of the SC judgement:
1. "Article 370 is a temporary provision. Abrogation is valid exercise of constitutional power."
2. "Parliament is within its powers to make changes to Article 370 of the Constitution."
3. "President had the power to issue the order under clause 3 of Article 370 even after dissolution of the constituent assembly."
4. "J&K does not retain an element of sovereignty or internal sovereignty when it joined the Union of India. Recommendations of the Constituent Assembly are not required for abrogation when it stands dissolved."
5. "The power of the President under Article 370(3) to issue a notification that Article 370 ceases to exist subsists even after the dissolution of the J&K Constituent Assembly."
6. "Parliament can assume the role of the constituent Assembly to make the amendments."
7. "With constituent assembly dissolved, President can act on his own: Article 370 (3) provides modalities for amendment or revocation of Article 370. Originally, the rule was revocation can be done only by President on a request/recommendation/concurrence/approval of Constituent Assembly. That need does not arise once the Constituent Assembly was dissolved in 1957.
Disappointed, not disheartened: Omar Abdullah
Responding to the verdict, National Conference leader Omar Abdullah said, "Disappointed but not disheartened. The struggle will continue. It took the BJP decades to reach here. We are also prepared for the long haul."
As a precautionary measure, just ahead of the key verdict, security arrangements were put in place in Jammu and Kashmir.
Omar Abdullah and PDP leader Mehbooba Mufti claimed being put in house arrest ahead of the judgement. However, the police denied the charges and Jammu and Kashmir Lieutenant Governor Manoj Sinha called the allegations baseless.
End of Article
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