The Supreme Court rules that the repeal of Article 370 is ‘valid’ key takeaways
The Supreme Court also affirmed the legality of the decision to separate Ladakh from Jammu and Kashmir.
In a major decision issued on Monday, the Supreme Court backed the federal government’s plan to repeal Article 370 of the Constitution in 2019. The five-judge bench, led by Chief Justice of India (CJI) DY Chandrachud, also directed the Election Commission of India (ECI) to hold legislative elections by September 30, 2024, in addition to restoring statehood to the Union territory of Jammu and Kashmir.
The Supreme Court also affirmed the legality of the decision to separate Ladakh from Jammu and Kashmir on August 5, 2019.
“Unlocking the Verdict: Key Takeaways from Supreme Court’s Decision”
- CJI Chandrachud ruled that any decision made by the central government on behalf of states cannot be challenged in court and may halt state governance.
- The court further stated that the President of India has the authority to repeal Article 370 without the need for a referral from the Jammu and Kashmir legislature.
- The principle of consultation (with stakeholders) was likewise deemed not to be required during the exercise of presidential power.
- The CJI further stated that Article 370 was an interim arrangement due to the former state’s war conditions.
- The Maharaja’s proclamation stated that the Indian Constitution will supersede.” The paragraph in the Instrument of Accession is no longer valid…Due to the state’s wartime conditions, Article 370 served as a stopgap measure. The court noted that “textual reading also indicates that Article 370 is a temporary provision.”
- Prime Minister Narendra Modi called the Supreme Court’s decision to strike down Article 370 “historic” on Monday. The verdict, according to Modi, is a “resounding declaration of hope, progress, and unity for our sisters and brothers in J&K and Ladakh.”
- Members of the Gupkar alliance, notably PDP head Mehbooba Mufti and NC vice-president Omar Abdullah, claimed they were placed under house arrest just before the Supreme Court’s decision.
- Lieutenant Governor Manoj Sinha, on the other hand, denied the charges as “baseless.” “No one has been placed under house arrest,” the Srinagar Police Department said.
(Based on information provided by various news agencies)