“Landmark Day: Supreme Court Set to Rule on J&K Special Status Revocation”
The verdict will be delivered by a five-judge Constitution bench led by Chief Justice DY Chandrachud.
In New Delhi, the Supreme Court is anticipated to make a decision today on the constitutionality of the Centre’s action to revoke Article 370, which granted special status to Jammu and Kashmir and divided the state into two Union Territories.
Here are 10 key points on this significant development:
- The verdict is expected from a five-judge Constitution bench led by Chief Justice of India DY Chandrachud, addressing a series of petitions challenging the Centre’s move to revoke Article 370 four years ago.
- Petitioners argue that the Centre cannot unilaterally abolish Article 370, as the powers of the Constituent Assembly were transferred to the J&K legislature after its dissolution in 1957.
- The Supreme Court questions who has the authority to recommend the revocation of Article 370. The court probes the process, as per rules, requiring approval from the Constituent Assembly, which was considered temporary and became permanent after dissolution.
- The Centre defends its decisions, asserting they were made within the legal framework, claiming that mainstreaming Jammu and Kashmir has reduced terrorism and created a level playing field.
- Over the past four years, the government argues that it has propelled the former state towards rapid development.
- Article 370 is argued to have deprived J&K residents of fundamental rights, including the right to education, with Constitutional rights applying only upon approval by the state legislature.
- Conversely, Article 35A, abolished with Article 370, restricted people from other regions from obtaining jobs, owning land, and settling in Jammu and Kashmir, violating their fundamental rights.
- Enhanced security measures are in place in the Kashmir Valley ahead of the verdict, with the BJP emphasizing the need to respect the Supreme Court’s decision.
9. National Conference chief Omar Abdullah pledges peaceful conduct even in the event of an adverse verdict, vowing to continue their fight through lawful means. Other parties, including Mehbooba Mufti’s People’s Democratic Party and the Congress, express hope for a decision favoring the people.
- Article 370 was revoked, and Jammu and Kashmir was bifurcated in August 2019, over a year after the collapse of the PDP-BJP alliance government. This occurred during the President’s Rule in the erstwhile state.