Article 370: The Supreme Court has also approved the abrogation of Article 370 from Jammu and Kashmir. The court said that the Center has the right to remove Article 370. Let us inform you that the five-member Constitution Bench of the Supreme Court today delivered three separate judgments on the petitions challenging the validity of the Centre's decision to abrogate the provisions of Article 370. What were the important things in the decision of the Supreme Court, we are explaining to you in the 10 points given below-
- The Supreme Court said that the decision to remove Article 370 is right. That Jammu and Kashmir became an integral part of India is clear from Articles 1 and 370 of the Constitution. Jammu and Kashmir does not have internal sovereignty unlike other states in the country.
- The CJI said that every decision taken by the Center on behalf of the state during President's rule cannot be challenged.
- The CJI said that we direct that the statehood of the Union Territory of Jammu and Kashmir be restored as soon as possible. The court said that the Election Commission should take steps to conduct Jammu and Kashmir Assembly elections by September 30, 2024.
- The CJI clearly said that we consider the use of the President's power to issue a constitutional order to abrogate Article 370 of the Constitution as legitimate. The Supreme Court said that our decision is that it is legitimate for the President to seek consent from the Center and not from the state, all the provisions of the Indian Constitution can be applied to Jammu and Kashmir.
- The court said that Article 370 of the Constitution was temporary and the President still had the power to abrogate it. Article 370 of the Constitution was an interim arrangement due to the war situation in Jammu and Kashmir. The recommendation of the Constituent Assembly of Jammu and Kashmir was not binding on the President.
- The Chief Justice said that when the Constituent Assembly of Jammu and Kashmir ceased to exist, the special status for which Article 370 was imposed also ceased to exist.
- The court also upheld the validity of the August 2019 decision to separate the Union Territory of Ladakh from Jammu and Kashmir. The court said, “The intention was never to make the Constituent Assembly of Jammu and Kashmir a permanent body.”
- The court directed to form a Truth and Reconciliation Commission to investigate human rights violations by the government and non-government actors. Justice Kaul said in the judgment that the purpose of Article 370 was to gradually bring Jammu and Kashmir at par with other Indian states.
- The Supreme Court rejected the petitioners' arguments that no irreversible action can be taken by the Center during President's rule.
- CJI Chandrachud said there is no need for the Supreme Court to rule on the validity of the President's proclamation in Jammu and Kashmir as the petitioners have not challenged it.