
SC Verdict Expected on Article-370 Revocation in J-k.image/ANI
SC Verdict Expected on Article-370 Revocation in J-k
The Supreme Court’s Constitution Bench is set to deliver its judgment today on a series of petitions challenging the revocation of Article 370 and the division of the former state of Jammu and Kashmir into two Union territories. The five-judge bench, headed by Chief Justice DY Chandrachud and comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, will announce the verdict.
The apex court had reserved its judgment on September 5, following a 16-day hearing of arguments. The central government, represented by Attorney General R Venkataramani and Solicitor General Tushar Mehta, defended the decision to abrogate Article 370, asserting that there was no “constitutional fraud” in repealing the provision that granted special status to Jammu and Kashmir.
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During the proceedings, the government argued that the accession of Jammu and Kashmir to India was not unique, citing other princely states that had joined India post-independence with conditions. It contended that the Union Territory status of Jammu and Kashmir was temporary and would be restored to statehood, while Ladakh would remain a Union Territory.
Senior advocate Kapil Sibal, representing the petitioners, argued that Article 370 had acquired permanence after the dissolution of the Constituent Assembly of Jammu and Kashmir. Sibal contended that Parliament could not declare itself the legislature of J-K to facilitate the abrogation of Article 370, as it went beyond the authority granted by Article 354 of the Constitution.
The Jammu and Kashmir High Court Bar Association emphasized that the Maharaja of Jammu and Kashmir had acceded to India territorially, retaining sovereign powers to rule and govern the state except for defence, external affairs, and communication.
The government defended the decision to abolish Article 370, citing a decline in street violence orchestrated by terrorists and secessionist networks. It asserted that since 2019, the region had experienced an “unprecedented era of peace, progress, and prosperity.”Life in Jammu and Kashmir returned to normalcy after three decades of turmoil following the abrogation of Article 370, according to the Centre’s affidavit submitted to the Supreme Court.
The Constitution Bench heard a range of petitions challenging the abrogation of Article 370 and the bifurcation of the state into two Union Territories, filed by private individuals, lawyers, activists, politicians, and political parties.
The Jammu and Kashmir Reorganisation Act, 2019, which divided the region into the Union Territories of Jammu and Kashmir and Ladakh, was challenged in these petitions after being announced by the Central government on August 5, 2019.
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