Following the Supreme Court’s verdict on the abrogation of Article 370 in Jammu and Kashmir, Samajwadi Party leader Akhilesh Yadav stated that it’s redundant to present novel perspectives as the court’s decision aligns with general consensus. He added that while people can share their views on the ruling, it’s widely accepted.
“There was a debate in the entire country regarding (Article) 370, and I remember when it was being debated in the Lok Sabha, even at that time also questions were raised, not only from Samajwadi Party but other parties, especially by those who have a background from J-K. The government could not answer many questions. Many had to go to the Supreme Court as a last resort. When the Supreme Court’s decision has come, nothing new can be said now. There is no point. Everyone can give their arguments on the decision, but everyone is agreeing,” Akhilesh told reporters here.
A five-judge Constitution bench of the Supreme Court on Monday unanimously upheld the validity of the Union government’s 2019 decision to abrogate Article 370 of the Constitution which conferred the special status of Jammu and Kashmir, while pointing out that Article 370 is a “temporary provision”.
A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant said, “It can be garnered from the historical context for the inclusion of Article 370 and the placement of Article 370 in Part XXI of the Constitution that it is a temporary provision.”
The apex court said Article 370 was enacted due to wartime conditions in the State and was meant to serve a transitional purpose.
“Article 370 was introduced to serve two purposes. First, the transitional purpose: to provide for an interim arrangement until the Constituent Assembly of the State was formed and could take a decision on the legislative competence of the Union on matters other than the ones stipulated in the Instrument of Accession, and ratify the Constitution; and second, a temporary purpose: an interim arrangement in view of the special circumstances because of the war conditions in the State,” the Constitution bench stated in it’s verdict.
The top court further said, “We have held that a textual reading of Article 370 also indicates that it is a temporary provision. For this purpose, we have referred to the placement of the provision in Part XXI of the Constitution which deals with temporary and transitional provisions, the marginal note of the provision which states “temporary provisions with respect to the State of Jammu and Kashmir”, and a reading of Articles 370 and 1 by which the State became an integral part of India upon the adoption of the Constitution.
