New Delhi, Dec 11: Supreme Court upheld the abrogation of Article 370 in Jammu & Kashmir constitutionally valid on Monday. SC asked the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024.
Supreme Court said given the Centre’s submission on the restoration of statehood of Jammu and Kashmir, it directed that statehood shall take place as soon as possible.
Chief Justice of India D Y Chandrachud while writing the judgement for himself and Justices Gavai and Surya Kant said Article 370 of the Constitution was a temporary provision and the president has the power to revoke it.
The apex court also upheld the validity of the decision to carve out the union territory of Ladakh from Jammu and Kashmir on August 5, 2019.
CJI said, “we hold the exercise of presidential power to issue constitutional order abrogating Article 370 of Constitution as valid.”
Read: Understanding Article 370, It’s Abrogation, Impact And Challenges In SC-Explained
He said, the Constituent Assembly of J&K was never intended to be permanent body.”
Article 370, Justice Chandrachud said, was an interim arrangement due to war conditions in the erstwhile state.
On September 5, the apex court reserved its verdict in the matter after a 16-day hearing on a batch of petitions challenging the abrogation of the provisions of Article 370.
On Supreme Court verdict on Article 370 in J&K, Solicitor General Tushar Mehta says, "5th August, 2019 and today’s date will go down in the history of India when a Himalayan constitutional blunder of the past with gigantic proportion is ultimately corrected by the Government…It… pic.twitter.com/REUbHMxuBE
— ANI (@ANI) December 11, 2023
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