Monday, 11 December 2023 | PNS | DEHRADUN
The five-judge constitution bench of the Supreme Court upheld the Central government’s decision to repeal Article 370 of the Constitution that was meant to bestow special status on the erstwhile state of Jammu and Kashmir, observing that it was an interim arrangement due to the war conditions in the erstwhile state and the President had the power under the framework of the Constitution to abrogate the Article 370. It also directed the Centre at the same time to hold assembly election after restoring statehood to the union territory of Jammu and Kashmir by September 30 next year. The Apex Court also upheld the validity of the Centre’s decision to carve out the union territory (UT) of Ladakh, saying that it would retain its UT status. Notably, the Centre had abrogated the Article 370 and bifurcated Jammu and Kashmir state into two UTs-Jammu & Kashmir and Ladakh. The Chief Justice of India D Y Chandrachud said in the landmark ruling that the erstwhile state does not have internal sovereignty different from other states of the country and all provisions of the Indian Constitution are applicable to J-K. Besides, the princely state had become an integral part of India, evident from Articles 1 and 370 of the Constitution, the CJI averred. Notably, the Apex Court had reserved its verdict on this matter on September 5 after a hearing a batch of petitions challenging the abrogation of the provisions of Article 370 for 16 days.
