The Supreme Court, led by Chief Justice of India DY Chandrachud, delivered a momentous judgment on the constitutional validity of the Centre’s decision to revoke Article 370, thereby removing the special status of Jammu and Kashmir and reorganizing it into two Union Territories, Jammu and Kashmir, and Ladakh. The Supreme Court mandated the Election Commission […]
The Supreme Court, led by Chief Justice of India DY Chandrachud, delivered a momentous judgment on the constitutional validity of the Centre’s decision to revoke Article 370, thereby removing the special status of Jammu and Kashmir and reorganizing it into two Union Territories, Jammu and Kashmir, and Ladakh.
The Supreme Court mandated the Election Commission of India to conduct elections in Jammu and Kashmir by September 2024. It clarified that consultation and collaboration were not obligatory for the exercise of Presidential power under Article 370(1)(d). Moreover, it deemed the concurrence of the State government unnecessary for applying all Constitutional provisions through this article.
State of Jammu and Kashmir became an integral part of India is evident from Articles 1 and 370 of the Constitution of India: Chief Justice of India while pronouncing judgment in the #Article370 case pic.twitter.com/E4pwStwjQK
Justice Sanjay Kishan Kaul: I have started with historical background. My conclusions are more or less the same, except in one issue, regarding the Prem Nath Kaul case, where I have taken a different route.
Justice Kaul: The purpose of Article 370 was to slowly bring Jammu and Kashmir on par with the other states of India. The requirement of the recommendation of the J&K Constituent Assembly cannot be read in a manner that makes the larger intention redundant. When the Constituent Assembly ceased to exist, it meant only the proviso to Article 370(3) was rendered otiose. But the main provision existed.
Justice Kaul: Regarding the amendment of Article 370 using 367, I have said that when a procedure is prescribed, it has to be followed. Amendments through the backdoor are not permissible.
Justice Kaul: In my epilogue, I said, To move forward, wounds require healing. Inter-generational trauma is felt by people.
Justice Kaul: I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since the 1980s and recommend measures for reconciliation.
Justice Kaul: I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since the 1980s and recommend measures for reconciliation. The Commission must be set up before memory escapes. The exercise must be time-bound. There is an entire generation of youth that has grown up with a feeling of distrust and it is to them that we owe the greatest day of liberation.
Justice Kaul: It is for the government to decide the manner in which the Truth and Reconciliation Commission must be set up, considering the sensitivities of the issues involved.
Supreme Court upholds the abrogation of Article 370
The Supreme Court orders that elections for the J&K State Assembly be held before September 30, and that the restoration of J&K’s statehood be accelerated.
The court’s decision comes to an end.
“Sad, Unfortunate But We Have To Accept It”: Ghulam Nabi Azad
Democratic Progressive Azad Party (DPAP) chairman Ghulam Nabi Azad on Monday termed the Supreme Court’s verdict on pleas challenging the abrogation of the provisions of Article 370 of the Constitution “sad and unfortunate”, but said, “we have to accept it”.
“It (the court verdict) is sad and unfortunate,” Mr Azad told reporters here.
The former Jammu and Kashmir chief minister said the people of the region are not happy with the verdict delivered by a five-judge bench of the Supreme Court.
“But we have to accept it (the verdict),” he added.
The Supreme Court on Monday upheld the Centre’s decision to abrogate Article 370, which bestowed a special status on the erstwhile state of Jammu and Kashmir, and said steps should be taken to conduct elections to the Assembly by September 30 next year.
The Supreme Court also directed that statehood to the Union Territory of Jammu and Kashmir be restored at the earliest.
Senior Congress leader and Maharaja Hari Singh’s son Karan Singh: A section of people in J&K who will not be happy with this judgment, my sincere advice is that they should accept the inevitable and they should accept the fact that now this has been done and the Supreme Court has upheld the action and therefore there’s no point now unnecessarily hitting their head against the wall. Now, my suggestion is that they should turn their energies towards fighting the next elections.
Prime Minister Narendra Modi hailed a “resounding declaration of hope, progress, and unity” for Jammu and Kashmir and Ladakh on Monday, shortly after the Supreme Court dismissed challenges to the centre’s withdrawal of special status under Article 370.